Divorce after legal separation

Divorce 2 views 2 answers
I got a legal separation over a decade ago. Do I need to do all the same paperwork again to get a divorce? Is there a simpler, shorter route for people who already have a legal separation? Does divorce ever become automatic in California after a long legal separation? Thank you.

Attorney Answers

2
Rodrigo Dias ·
Divorce is not automatic after a long legal separation in California and you will need to refile your paperwork. The process can be simpler, though, if the financial and custody issues have already been decided between you and your former spouse and there are no changes. You will need to file a Petition for Dissolution of Marriage (Form FL-100), but you can state on your Petition that it is for "Status Only" if there are no financial or custody issues for the court to decide. You should seek the assistance of an attorney in doing this since you are still required to make certain financial disclosures and to help you navigate through the legal process in order to simplify it.
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Diana Lucia MartinezDivorce / Separation LawyerOntario, CA ·
It is the same process: same forms, same fees. It may be faster and easier if you have already divided everything and are in agreement on issues such as support, custody/visitation, etc. But you must still do the financial disclosures, and go through the same process. If you do already have your agreement, you can simply have an attorney prepare the documents for you. Some attorneys do work on a "limited scope" basis such as this. It's less expensive and tends to be a faster process. There are also options for avoiding the second filing fee, but you really should consult an attorney to understand the risks/consequences of this and make an informed decision on whether this option is in your best interest. Good luck
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