Can a legal separation judgement be changed to a divorce without starting the entire process over?
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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 13 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.
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