Can the petitioner file for dissolution of marriage before the respondent responds to legal separation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the petitioner file for dissolution of marriage before the respondent responds to legal separation?
Asked on December 6, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
If the Petitioner already filed a petition for legal separation--and they seek to amend their petition to one for dissolution, they would need to file a request for order requesting the court allow them to do so--or get a signed stipulation allowing them to do so.
It sounds from what you said like they filed a completely different case for dissolution after filing for legal separation. That would not be proper.
It sounds like you are either confused or the Petitioner is making a mess of things. Either way you should consult with a local family law attorney.
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.