How to Convert a Legal Separation Into A Divorce During the Case in Arizona
If you are currently involved in a legal separation proceeding, you may turn 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 just filing an Amended Petition for Dissolution of Marriage, so long as the opposing party has not filed a written Response to 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 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, most judges routinely grant such motions.
If you have questions about converting legal separation into a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona legal separation and family law attorneys have over 100 years of combined experience successfully representing clients in legal separation and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your legal separation or family law case around today.
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