How to Convert a Legal Separation Into A Divorce During the Case
If you are currently involved in a legal separation proceeding, you may convert that legal separation into a divorce by amending your Petition for Legal Separation into a Petition for Dissolution of Marriage. If you are the Petitioner (i.e., person who filed first), you may do so by simply filing an Amended Petition for Dissolution of Marriage, so long as the opposing party has not filed a written Response to the Petition for Legal Separation.
If the Respondent (i.e., the person responding to the Petition filed by Petitioner) has already filed a written Response to the Petition for Legal Separation, the Petitioner must file a motion seeking the Court’s approval to file an amended petition to convert the legal separation proceeding into a divorce proceeding. Judge’s will routinely grant such a motion. Alternatively, the Petitioner may seek the Respondent’s agreement to convert the legal separation into a dissolution of marriage case.
If you are the Respondent who has been served with a Petition for Legal Separation and you wish to convert the matter to a dissolution of marriage, all you have to do is file a Response to the Petition for Legal Separation and a Counter-Petition for Dissolution of Marriage.
However, if you are the Respondent and initially filed a Response to the Legal Separation only (i.e., you did not ask to convert the legal separation proceeding into a divorce proceeding), you would be required to file a motion to amend your response to include a counter-petition seeking a divorce. Again, judge’s routinely grant such motions.
Contact Our Scottsdale Arizona Legal Separation Attorneys
If you are in need of a legal separation lawyer in Arizona, the family law firm of Hildebrand Law, PC is only a phone call away. Our attorneys handle all types of legal separation cases in Arizona. Please call (480) 305-8300 if you wish to speak with our Arizona legal separation lawyers or have additional questions regarding Arizona legal separation laws.