Legal Question in Family Law in California

Converting dissolution from legal seperation to divorce

I am currently the respondent in a dissolution of marriage; legal seperation. The petitioner has an attorney, I do not. The initial paperwork was filed in early Feb. We are in the final negotiation stage in terms of division of assets. I now wish to change the status to divorce rather than legal seperation. What forms need to be filed or steps do I need to take? Would this be a brand new case? Should I wait for the legal seperation to finalize or change the status now? I wish to expedite this process. Once I file forms for the divorce, would I have to wait another six months for the divorce to be finalized? The attorney has all the information necessary to decide division of assets and child and spousal support are not an issue. Basically, what is the quickest way to change the status to a divorce and then also to finalize the divorce?


Asked on 8/05/02, 2:38 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Converting dissolution from legal seperation to divorce

Since a Judgment of Legal Separation has not yet been entered, it is fairly simple to make this a divorce. You would stipulate with the attorney to filing an amended pleading. Then you would file an amended Response, asking for a dissolution of marriage. The time that has already passed will be tacked on; the clock does not start all over.

If you had gotten a J of LS, then you would have had to file a new case for divorce.

Whatever the deal is that the atty is putting together, I strongly urge you to have independent counsel in your area review it.

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Answered on 8/05/02, 2:46 pm


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