If both spouses agree to convert the legal separation to divorce, either party may complete the application to convert the legal separation to divorce, and both parties must sign the decision to convert the legal separation to divorce, and then send both documents to our court with an ex parte fee of $30.00, submit the documents to the judge for review and signature. The rest of your legal separation orders, such as parenting plans and support orders, remain in effect. If you initially applied for legal separation in court, you may now want to turn your case into a divorce. Although the procedures for converting legal separation to divorce vary slightly from jurisdiction to jurisdiction, the process is basically the same in the United States. Converting your separation decree to a divorce decree means that your separation terms will also be used in your divorce. If these conditions don`t work, you don`t want to convert the judgment as is, because the same conditions apply to divorce. It is important to review your separation judgment with a lawyer to confirm that it will work like your divorce decree before you apply to the court for conversion. While decrees can be changed after they are issued by the court, this is another process you will need to follow, and you must also be able to prove that a substantial change has occurred to justify the change if you and your spouse do not agree on the changes. Appear at the hearing and tell the judge why you commuted the case to a divorce case. Be sure to let the judge know if your spouse agrees with the proposal.
Assuming the judge grants the request, the case turns into a divorce case. If the judge rejects the application, you will have to file a new petition for divorce. Converting a separation judgment into a divorce judgment is a relatively simple process as long as the terms of the judgment are still acceptable to both parties. Follow all the requirements set by the court for conversion and consult an experienced lawyer at Burnham Law if you are ready to end the separation and divorce. Three forms are required to convert your judgment of separation into a judgment of divorce: the application to convert the judgment of separation into a judgment of dissolution, the decision to convert the judgment of separation into a judgment of dissolution and the judgment of dissolution itself. Topics covered on these forms include: legal name changes, dividing debts and property, custody and your parenting plan, child support and spousal support, writing what you call an amended 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. Submit the application to the court registry. The case officer will inform you of the date and time of the hearing on the application.
Send or give a copy of the application to your spouse with the Notice of Hearing. Write a motion asking the court to convert your case from legal separation to divorce. Read more: How to annul a legal separation If you think significant changes need to be made to your separation judgment before it can be used as the basis for 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. A separation order can be converted into a final divorce order if six months have passed since the court issued the separation order. Any spouse may submit the application to the court. Both spouses do not need to agree to convert legal separation into divorce. However, the spouse making the application must provide the other spouse with legal notice by sending him or her a copy of the application for legal separation in divorce and the notice of hearing. 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. If your spouse accepts your plan, the judge is much more likely to grant your request.
Talk to our experienced legal team who will inspire, inform and work hard to win for you. Once six months have passed since receiving the legal separation order from a Colorado court, you can have that decree converted into a decree on the dissolution of marriage with a relatively simple procedure.