Can the petitioner file for dissolution of marriage before the respondent responds to legal separation?

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Can the petitioner file for dissolution of marriage before the respondent responds to legal separation?

Asked on December 6, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If the Petitioner already filed a petition for legal separation--and they seek to amend their petition to one for dissolution, they would need to file a request for order requesting the court allow them to do so--or get a signed stipulation allowing them to do so. 

It sounds from what you said like they filed a completely different case for dissolution after filing for legal separation.  That would not be proper. 

It sounds like you are either confused or the Petitioner is making a mess of things.  Either way you should consult with a local family law attorney.


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