Can a Legal Separation be Converted to a Divorce Proceeding?

Sometimes, married couples choose to pursue a legal separation instead of a divorce, only to later realize that divorce is the better option for them. At Miranda, Magden & Miranda, LLP, we understand that these are significant decisions that require skilled guidance. In this blog, we explore important considerations for couples seeking a divorce during or after a legal separation.

Understanding Legal Procedures

First, it’s important to understand that living separately is not the same as a legal separation, which must be established through a court proceeding. 

In California, the legal procedures for obtaining legal separation are quite similar to divorce. Both processes involve dividing assets, determining custody arrangements, and establishing support obligations. 

Couples can amend a legal separation proceeding into a divorce proceeding if the legal separation has not yet been finalized. The spouse seeking the amendment must serve the other spouse with the amended petition. The waiting period for finalizing the proceeding will be reset, meaning the divorce cannot be finalized until at least six months after a final decree is issued.

Key Differences Between Divorce and Legal Separation

• Residency Requirements: Filing for a divorce requires meeting specific residency requirements: six months in the state and three months in the county where you file. However, separation has less stringent residency demands, making it more accessible for those who have recently moved.
• Legal Independence: A finalized divorce legally ends the marriage, allowing both individuals to move forward independently. This legal severance can provide emotional closure and the opportunity to start anew. A legal separation does not return you to the status of a single person. Therefore, only a divorce will allow you to remarry. 
• Right to Spousal Benefits: During a legal separation, spouses may retain certain marital benefits, such as health insurance coverage. Finalizing a divorce typically results in the loss of these benefits, which could impact healthcare access and financial stability.

Personal and Emotional Impact

The decision to finalize a divorce goes beyond legal and financial considerations; it encompasses personal and emotional dimensions. For some, finalizing the divorce symbolizes the end of a painful chapter, allowing them to heal and grow. For others, the emotional weight of such a definitive step can be overwhelming. It is essential to reflect on your readiness for this transition and seek support from trusted friends, family, or a mental health professional.

Different Scenarios to Consider

Short-Term Separation Leading to Reconciliation

For couples considering reconciliation, maintaining a legal separation may be beneficial. It allows time for reflection and healing without the permanence of divorce.

Long-Term Separation

Prolonged separations can lead to ambiguity and complications, particularly in financial and custodial matters. In such cases, finalizing the divorce might provide the necessary clarity and resolution.

It’s also important to note that if a legal separation has been in place for an extended period of time, the court is likely to consider this “status quo” when determining the final divorce decree. Therefore, couples negotiating a legal separation should carefully consider whether the terms they agree to would be acceptable in a divorce proceeding, as they may be more difficult to alter after a prolonged legal separation.

Irreconcilable Differences

When deep, irreconcilable differences exist, and reconciliation is not an option, finalizing the divorce may be the best course of action to move forward with your life.

Contact Us For Help

At Miranda, Magden & Miranda, LLP, we are committed to guiding you through these challenging times with compassion. If you need assistance with your legal separation or divorce, please contact us to schedule a consultation. We are here to help you navigate the legal system and move toward a brighter future.