Do the parties of a no-fault divorce need to live apart for a certain amount of time before they can file for the divorce?

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Do the parties of a no-fault divorce need to live apart for a certain amount of time before they can file for the divorce?

In WA.

Asked on November 14, 2011 under Family Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In any no-fault state, you do not need to live separate and apart to file for divorce. The separate and apart issue really comes into play to determine whether property is considered a marital asset or debt if you live separately with no chance of reconciliation. In your situation, you just need to show the marriage is irretrievably broken and there is no chance of reconciliation. One of you must reside in Washington State and meet the residency requirements to file for divorce in Washington.


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