Can I Convert My Legal Separation to Divorce?
When a marriage reaches its end, people may choose different paths to foster the separation process. Legal separation is one such option. It’s not a legal ending to the marriage, but it allows two people to part ways while still holding on to some of the legal rights of marriage.
What happens when a married couple living separate lives via legal separation decides they want an official divorce? Can the separation easily be converted to a divorce, or is another lengthy legal process required?
The answer: It depends on where you live.
A look at legal separation
Legal separation is often viewed as a temporary alternative to divorce. It allows couples to live apart and formalize the terms of their separation through a court order. It’s important to note, however, that legal separation is not a requirement for getting a divorce, and some couples choose to go straight to divorce proceedings.
Here are a few snapshots of what legal separation may look like.
- One spouse leaves permanently. They have decided they can no longer continue in the marriage and want a permanent separation. However, they are not ready for a full divorce yet. Instead, they enter a legal separation agreement.
- The couple enters a trial separation. They agree to live apart for a limited period of time, usually in separate homes. This gives them time and space to evaluate their lives and how they want to move forward.
- A couple separates legally without divorcing. They may do this for practical reasons. Perhaps they need both spouses and the children to remain on one spouse's health insurance policy or to continue receiving certain tax benefits or Social Security benefits.
Do all states allow legal separation?
The answer to this question is no, though the number of states that don’t recognize legal separation is small. They are as follows:
- Delaware
- Florida
- Georgia
- Mississippi
- Pennsylvania
- Texas
Can you convert a legal separation to divorce?
In some states, you can convert a legal separation to divorce. But, like many things in family law, it depends on where you live.
- In California, for example, you can convert a legal separation to a divorce as long as the legal separation hasn’t been finalized. At any point in the process, either party can request a conversion to divorce.
- In the state of Washington, you can convert your legal separation to a divorce after the separation has been finalized. To do so, you must file a Motion to Convert Legal Separation form.
In some states, you must initiate divorce proceedings
Unlike the above two examples, if you live in the state of Michigan and are legally separated, you must initiate divorce proceedings from scratch if you want to divorce. Michigan’s state divorce law does not allow you to convert a legal separation to a divorce. And it’s not the only state that imposes this law.
If you live in Michigan or another state that doesn't recognize legal separation conversions to divorce, you can still get divorced. However, you'd be required to file a new family law case and pay a new filing fee.
The divorce process typically involves filling out paperwork or a petition to ask the court to grant a divorce. If you were the petitioner, you’d need to serve this paperwork on your spouse, even if they agree that divorce is the right option for your marriage. The court would then review the information provided and determine a fair distribution of marital property, child support, spousal support/alimony, or child custody arrangements. You may be able to speed up this process and reduce your costs by negotiating a divorce settlement yourselves or with the help of a mediator.
Need more help?
To help you determine which path is right for you and what your options are in your state, Hello Divorce can give you support and guidance. We offer cost-effective plans to help you navigate the divorce process without the need for a lawyer. If you and your spouse are somewhat amicable, we can help you find a mediator who can help you negotiate a quick and fair settlement, reducing the time and cost it takes for you to get your divorce.
Suggested: How to File an Uncontested Divorce without a Lawyer
