Legal Question in Family Law in California

My husband and I are legally separated. Everything has already been divided and signed. What is the procedure to now file for divorce?


Asked on 9/10/14, 2:23 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you have a judgment of separation and the time has run, you will have to file a new case. If you have applied for legal separation, but no judgment is entered, you can file a motion to convert the case to a dissolution of marriage. If you have no papers filed at all, you will be filing a petition for dissolution.

Read more
Answered on 9/10/14, 6:04 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

You want to file a motion to change the legal separation into a dissolution of marriage. It really depends on how long ago the legal separation took place. If too much time has gone by, you simply file for what is called a petition for dissolution in California.

If too much time has not passed since the separation, the motion to convert your existing separation into a dissolution of marriage is the easiest route.

Good luck!

Read more
Answered on 9/10/14, 8:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California