If you are currently involved in a legal separation procedure, you can convert this legal separation into divorce by converting your application for legal separation into an application for dissolution of marriage. Three forms are required to convert your separation judgment into a divorce judgment: the application to convert the separation judgment without dissolution into a dissolution judgment, the order converting the separation judgment without dissolution into a dissolution judgment and the dissolution judgment itself. Topics covered on these forms include: legal name changes, debt and asset allocation, custody and your parenting plan, family allowances, and spousal support, once six months have passed since receiving the Marriage Act Separation Order from a Colorado court, you can convert this decree into a decree of dissolution of marriage with a relatively simple procedure. Once approved by a judge, you and your spouse will be officially divorced, and the terms of the separation judgment will become the terms of your divorce. Once your decree is converted, you can legally remarry, as your marriage is officially over in the eyes of the law. Working with an experienced Colorado family attorney during this process is important, especially if you are not familiar with the required forms. Your lawyer will be able to identify any areas that could pose a potential future problem for you and ensure that no mistakes are made during the process. Your conversion forms must be duly completed and all court requirements must be met in order for you to convert your order. If you make mistakes in the forms, you may need to start the process again. In some cases, errors on the form can cost you a lot of money, especially if you make mistakes with the new decree.
In some cases, the parties who have already obtained legal separation may decide to dissolve the marriage. In these cases, the procedure is essentially the same as for any other divorce. The main difference is that due to legal separation, many of the issues relating to division of property, spousal support, child custody and child support have already been resolved. However, it is not necessarily true that the Tribunal does not re-examine these issues. If the defendant (i.e. the person responding to the applicant`s request) has already submitted a written response to the application for legal separation, the applicant must file an application for consent from the court in order to file an amended application to convert the legal separation proceedings into divorce proceedings. The judge shall regularly grant such a request. Alternatively, the applicant may obtain the respondent`s consent to convert the legal separation into the dissolution of the marriage. After all, some couples have certain circumstances that limit their ability to divorce.
For example, a spouse may have a very serious medical condition for which they need treatment. If she receives health insurance through her husband, she may not be able to forego that insurance through divorce. A legal separation allows the couple to physically separate without one of the spouses having to give up an important safety net like health insurance. In your case, write a so-called modified petition. The document is called an amended petition because a request for separation is on file. In this case, the document is called “amended divorce application” or something like that. During a separation, a couple files an application with the local district court where they live. The couple will then go through a temporary hearing process during which issues such as property division and family allowances will be discussed.
Once all outstanding issues have been resolved, the court can issue a judgment on legal separation. If a couple decides after a separation decision that divorce is the best option, they can go back to court and file for divorce instead. There are two main ways to turn a separation into a divorce. Submit the amended divorce application to the clerk of the court. If you convert your separation judgment to a divorce decree, it means that your separation terms will also be used in your divorce. If these conditions don`t work, you won`t want to convert the judgment as is, as the same conditions apply in divorce. It is important to review your separation judgment with a lawyer to confirm that it will work like your divorce decree before applying for conversion in court. While orders can be changed after they have been issued by the court, this is another process you will need to follow, and you must also be able to prove that a material change has occurred to justify the change if you and your spouse disagree with the changes. For many Wisconsin couples, the first step in assessing the potential dissolution of a marriage is legal separation.
This gives individuals the opportunity to consider the possibility of ending a marriage without going through the entire divorce process. For some, separation makes it clear that marriage is a relationship they want to pursue, while others make the decision to move from separation to divorce. At Reddin & Singer, LLP, our Milwaukee divorce lawyer can help you with the details of this transition. One of the advantages of applying for legal separation is that in California, neither party must meet a state residency requirement to obtain legal separation, whereas in the case of divorce, at least one spouse must have resided in the state for at least six months. Attend the hearing and explain your reasons to the judge for turning the case into a divorce case. Be sure to inform the judge if your spouse agrees with the proposal. Assuming the judge grants the request, the case is converted into a divorce case. If the judge rejects the application, you will have to file a new divorce application.
If you feel that significant changes need to be made to your separation judgment before it can be used as the basis for the final divorce, you should first speak to an experienced family law lawyer. This is especially true if you and your spouse can`t agree on the changes. Many couples who initially seek to separate legally change their minds and decide to divorce. Because this is a fairly common scenario, California law allows individuals to convert legal separation into divorce, either during the process of obtaining legal separation or after the legal separation ends.