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FOR LAWYER J, If someone submitted for a legal separation…

FOR LAWYER J,Good Morning,If someone...
FOR LAWYER J,Good Morning,If someone submitted for a legal separation and now wants a divorce, can that legal separation be amended to now reflect divorce? The legal separation was never submitted for default so I'm thinking yes, but will like your response. Thank You!!!
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Answered in 22 minutes by:
2/7/2018
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
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Hi there! For clarification, was the legal separation granted or is it still pending?

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In California, you can submit an amended petition using FL100 to change from a petition for legal separation to a petition for divorce. If a legal separation is still in process and one of the spouses has still not responded to the petition, then the other spouse can file the amended petition.

In certain cases where the legal separation has not been obtained, but the petition has been filed and responded to, the spouse would require an approval request from the court. To do this, you'd file a Motion for Leave to Amend. The Court almost always grants these, and after they do, you could then file your amended petition.

After a legal separation gets finalized, spouses who want a divorce have to file a new case and start over again. They'd then have to refile FL100 as a petition for divorce.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you!

lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
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Customer reply replied 4 months ago
Like always, thank you so much for the education, and the reason I always request you by name. I truly wish all the attorneys on this site would take the time that you do to answer questions. Enjoy your day!!!

Always happy to help!

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