Can a legal separation judgement be changed to a divorce without starting the entire process over?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a legal separation judgement be changed to a divorce without starting the entire process over?

I have a legal separation finalized judgement and would like to change it to a divorce. All items have been agreed on and a agreement has been written and notarized. It will be an uncontested divorce. I’ve been given 2 different paths to go: 1 – to file a Petition for Dissolution of marriage and that’s it; or 2 –  to start the entire process over and refile everything. Which is correct? Is there another way to go?

Asked on November 1, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What I believe that you are alluding to here is known as a "conversion" divorce in many states. New York has such a proceeding.  California is  also one of those states that allows you to take a legal separation that has been properly filed and convert it to a dissolution proceeding (in other words a divorce).  Generally speaking, that is the easiest route to go.  Why would you start the entire process over?  If you have met the 6 month residency requirement for California and all the papers are in order you can file now.  I would speak with another attorney just to be sure that everything is in order.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption