Can an entered Decree for Legal Separation be converted to a divorce or do you need to file a new petition for dissolution?

Question:

Can an entered Decree for Legal Separation be converted to a divorce or do you need to file a new petition for dissolution?

If my husband and I decide to do a legal separation and complete the process, for example, our assets are divided and we receive a Decree of Legal Separation that is entered of record. Can it later be converted to a Decree of Dissolution without the filing of a new petition? Or would we be required to file a new Petition for Dissolution and pay the fees all over again?

Answer:

Yes you will need to file a new Petition for Dissolution. You will also have to pay the $321 court cost again too. All of the issues that are resolved in the Legal Seperation will stay resolved, except child support and spousal maintenance can be revisited.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.