In Washington, either spouse can ask the court to convert a legal-separation decree to divorce no earlier than six months after the decree was entered. The marriage does not end automatically when those six months pass. A motion and a court order are still required. RCW 26.09.150
Before downloading forms, locate the final legal-separation decree, its entry date and the existing case number. Those records tell you whether you are converting a completed legal separation or dealing with a case that is still pending.
First, identify what the court has actually entered
A private agreement, a petition and a final decree do different jobs. Do not choose conversion forms simply because a document contains the words “legal separation.”
| Document you have | What it means for this procedure |
|---|---|
| Private separation agreement | An agreement is not itself the court decree that starts the conversion period. |
| Petition for legal separation or a temporary order | Check whether the case ever reached a final legal-separation decree. A pending request is not a completed separation to convert. |
| Entered final legal-separation decree | Identify its entry date, case number and the court handling that case. |
| Entered divorce or conversion order | Read the actual order before assuming another conversion request is needed. |
Washington law separately recognizes separation contracts. The state’s legal-separation forms page likewise separates starting a case, temporary orders, completing the case and converting an existing legal separation.
If no final separation decree has been entered, ask about changing the requested relief in the pending case rather than using a post-decree conversion motion. Clark County’s law-library guide distinguishes amending a petition from converting an existing legal separation. The proper amendment and notice procedure depends on the case’s stage; do not assume you must obtain a separation decree first.
Count from entry, not from moving out or filing the petition
The six-month period in RCW 26.09.150 runs from entry of the legal-separation decree. It is not measured from the date you separated physically, signed an agreement or filed the original petition.
Use the court’s record of entry. Under Civil Rule 58, a judgment ordinarily is deemed entered for procedural purposes when delivered to the clerk for filing; the rule also addresses filing directly with the judge when permitted. If the signature date and filing information differ, ask the clerk to help identify the recorded entry before calculating eligibility.
Form FL Divorce 251 asks you to declare that the court issued the legal-separation order at least six months earlier. Do not sign that statement based only on how long you have lived apart. Both spouses’ agreement does not eliminate the statutory minimum.
Use the existing case and the marriage-conversion forms
Begin with the legal-separation case, not a blank new-divorce packet. Keep the original case number and party designations unless the court directs otherwise. The person making the conversion request may be the original respondent. Lincoln County’s conversion instructions expressly require the originating case number and the same petitioner/respondent labels.
For a marriage, the two central statewide forms are:
- FL Divorce 251—Motion to Convert Legal Separation Order to Final Divorce Order. This is your request. It identifies your role, states that the marriage is irretrievably broken and identifies the earlier separation order.
- FL Divorce 253—Order Converting Legal Separation Order to Final Divorce Order. This is the proposed decision for the judge or commissioner. It includes findings about the six-month period and proper notice to the other spouse, then converts the separation order and dissolves the marriage.
A completed motion is not the divorce order. Nor does filling out the proposed order make it effective before the court acts.
Check the form numbers carefully. The state’s current forms catalog lists FL Divorce 252 and 254 for registered domestic partnerships, rather than marriages. It also lists supporting notice and proof forms. Use the correct proceeding’s forms and your county’s checklist instead of assuming neighboring form numbers are interchangeable.
Your spouse’s position affects the procedure
The statute permits a motion by either party. Your spouse’s refusal to agree is not, by itself, a veto over a properly requested conversion. You must still follow the notice and presentation procedure. The proposed order’s proper-notice finding is a substantive part of the paperwork, not a box to assume away.
County instructions show why a single statewide filing recipe is not enough:
King County: Its conversion packet, updated November 26, 2025, distinguishes an agreed order signed by the other party from a request without that signature. It gives notice and proof instructions for the latter. For an agreed conversion when both parties are self-represented, it describes submitting signed motion and order papers through the facilitators for presentation to a judicial officer.
Lincoln County: Its conversion page lists an agreed packet, including the motion, order and Department of Health statistical certificate. If the spouse will not sign, it instead directs the moving party to file a motion with a hearing notice and properly serve copies.
These are local procedures, not promises that every county accepts the same submission method or charges the same fee. Confirm your court’s current instructions for scheduling, notice, proof, judicial copies and presentation of the proposed order. Do not assume filing alone sends the papers to the other spouse or gets them before a judge.
Also confirm who must receive the papers and how. An old attorney’s address or an email used earlier in the case should not be treated as automatically sufficient. If an order restricts contact, get help with the proper service method rather than contacting the other spouse yourself.
Conversion is not a fresh opportunity to rewrite every order
Changing marital status is different from modifying parenting arrangements, support or a final property division. Wahkiakum County’s conversion guidance explains that other existing separation orders, such as parenting plans and child-support orders, remain in effect.
Property provisions have their own finality rules. RCW 26.09.170 restricts revoking or modifying a property disposition unless there are conditions justifying reopening a judgment. A conversion request is not automatically a new property-division trial.
Read your existing orders for their actual terms, including any provision triggered by divorce. Do not assume that every obligation continues unchanged, or that conversion cancels it. If you want a different parenting plan, support amount or financial arrangement, identify that as a separate legal question and ask which procedure and standards apply. The “Other Orders” space on FL Divorce 253 is not a substitute for that analysis.
Finish with the entered conversion order
Follow the court’s instructions through the final decision, including any required hearing or paper-submission process. FL Divorce 251 contains hearing and local-rule directions; a county’s agreed presentation process may work differently. Neither electronic filing nor an agreement guarantees a remote appearance or an immediate signature.
After the court acts, obtain the signed, entered conversion order and check the case number, parties and earlier decree it identifies. A lodged proposed order, pending motion or calendar entry is not the same document.
Under RCW 26.09.150, a dissolution decree is final when entered, subject to appeal. Do not use the six-month anniversary or your motion-filing date as the date the marriage ended. Ask the clerk about obtaining a certified copy if you need official proof.
A focused preparation checklist
Before submitting the request, gather:
- The entered legal-separation decree and its recorded entry date.
- The case number, court and original petitioner/respondent designations.
- Existing parenting, support, financial and other relevant orders, including later changes.
- Current contact or representation information for the other party.
- The correct motion and proposed order, plus the county’s notice, proof and submission requirements.
Then resolve any uncertainty about whether the decree is final, whether six months have elapsed, how notice will be given and whether you are also seeking changes beyond conversion. Court staff or a facilitator can help locate procedural information; a Washington family-law attorney can assess disputed terms, service questions or modification requests.
If you want preparation help, contact GetDivorcePapers to confirm whether Washington conversion-specific document preparation is available and exactly what is included. Do not assume a general divorce package covers an existing-decree conversion or changes to other orders.
