For many California couples, the prospect of ending a marriage through a final divorce decision can be daunting and overwhelming. They can reassess whether their marriage is in the right place or ultimately the right thing to do – but not yet ready to completely unplug. For those who don`t use legal separation as a way to deal with the California residency requirement for divorce, there is no tangible, quantifiable legal benefit to legal separation other than giving them some private time to think. Filing for legal separation in California is just as complicated as filing for divorce. It is a state of no-fault divorce where divorce and legal separation require identical legal bases – either «irreconcilable differences» or the irremediable folly of a spouse. When spouses encounter difficulties in their marriage, they are not always ready or willing to take the decisive step of divorce, but may instead opt for legal separation. However, after some time or some extra thought, one or both spouses may decide that they prefer to divorce. When this happens, they must convert the legal separation into divorce. The process is relatively simple, but requires compliance with certain steps of the legal system. If you need help converting a legal separation into a divorce, Doubles & Forney`s divorce attorneys in San Diego can help. If you initially applied for legal separation for one of the above reasons or any other reason, but decide that you prefer to divorce, you will need to convert your case into a divorce case.
In California, you can convert your legal separation into a divorce at any time during the legal process, even after your legal separation is final. Each spouse may request that the legal separation be converted into a dissolution of bed and board. If necessary, when considering the application, the court will help the couple with the division of property such as a house, personal property, or even questions about child support and custody. As soon as all the necessary details have been completed, a separation resolution can be entered. California law allows spouses to convert a legal separation into a divorce when the separation is complete — or at any point in the process. Any partner can submit a conversion request. For these types of couples, legal separation can be a good alternative to divorce. It allows couples to go through the process of physical separation and even consider dividing property and custody – but without completing those decisions too quickly. If no legal separation judgment has yet been issued (i.e. you have submitted your application for legal separation but the proceedings are still pending) and your spouse has not yet responded to your request, you (the applicant) can simply submit an amended application and tick the «dissolution of marriage» box. as long as the residence requirement is met. Your spouse must be served on the amended application again.
However, if a legal separation judgment has not yet been made, but your spouse has already submitted a response to your initial application for legal separation, you may need to seek court approval. If the court has already obtained a judgment on legal separation and you later decide that you prefer to divorce, you cannot simply file a modified application. Instead, you need to start a new business by filing an application to dissolve the marriage and paying the filing fee again. If legal separation was in effect for a long period of time prior to the divorce, a court is generally less likely to approve a radical departure from its provisions without good reason, especially if both parties have been successful in settling their separate cases under the existing agreement. For this reason, parties who obtain legal separation should carefully consider the terms of an agreement they have reached, as they can have significant weight in subsequent divorce proceedings. If the spouse on whom an application for legal separation is served opposes the separation, the reporting spouse has no choice but to continue the marriage or apply for divorce. In general, separation applies to marriages that have deteriorated to such an extent that the partners no longer want to live together, but for some reason, one or both of them cannot divorce or are not yet ready to divorce. In California, a legal separation has another advantage. If you are new to this state, you can sometimes speed up the divorce process if you file for legal separation first.
The mere fact of living apart from one`s spouse does not constitute a «legal» separation in California. The spouses must file court documents to obtain legal separation. What drives couples to choose legal separation over divorce? Contact your spouse and see if he or she agrees with your desire to change your case from a legal separation case to a divorce.