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Is it possible to change a filing for a divorce to a filing for a legal separation?

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WAlinda

Junior Member
What is the name of your state (only U.S. law)? Washington

Just recently my husband and I agreed on the temporary orders at my lawyer's office. My husband thought that everything I had asked for when I filed for divorce was fine and we did not make any changes and signed and submitted it to the court and got the temporary parenting plan and the order for child support and spousal maintenance approved and therefore cancelled the hearing for temporary orders.

Now I am wondering if it is possible to change the filing for a divorce to a filing for legal separation?

And if we do that how will that affect the temporary orders? If things does not go as well as I/we are hoping will I have to 'reapply'/file again to be the primary caregiver and to get child support and alimony orders again? Or does he pay child support and alimony and follow the parenting plan even after a filing for legal separation and are those orders still in effect?

Hope someone knows. Don't want to change things back and forth but I need to know this to be able to consider it. Thanks!
 


WAlinda

Junior Member
I have heard that you can change it from legal separation to divorce but I can't find

http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.020


Since the requirements for the filing of either kind of lawsuit is the same, my GUESS is that amended pleadings would be allowed.
I have heard that you can change it from legal separation to divorce but I can't find anything about that you can do the reversed.. And then if you can the question remains, will the signed temporary orders still be valid?

If someone knows that would be great!
Thanks!
 

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