Legal Question in Family Law in California

I have a judgement for legal separation in a California Court. I want the legal separation amended to a divorce. Also, after the legal separation judgement child custody, some property that was bought during reconciliation and child support order need to be changed. Do I have to start over with a divorce or can I amend it with the changes?


Asked on 8/30/10, 4:22 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you have a judgment for legal separation, and want to be divorced, you are going to have to file for dissolution of marriage. There is a procedure to amend a pending legal separation, but once judgment is entered, you have to start over if you change your mind and want to terminate your marital status.

You should also be advised that any issues that were litigated during the legal separation will have a "res judicata" effect on any proceeding for dissolution.

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Answered on 9/07/10, 6:35 pm


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