Conversion of Legal Separation to Divorce
You may convert a legal separation to divorce either by Stipulation (the parties agree to convert the legal separation to divorce) or by Motion (the parties do not agree to convert the legal separation to divorce).
By Stipulation
The Stipulation Converting Legal Separation to Divorce (FA-4162VA) and Order Converting Legal Separation to Divorce (FA-4162VB) is for parties who have been granted a Legal Separation, but who agree to convert it to a divorce. As long as both parties agree, there is no waiting period and it can be filed at any time after the legal separation is granted.
By Motion
The Motion Converting Legal Separation to Divorce (FA-4163VA) and Order Converting Legal Separation to Divorce (FA-4163VB) is for a party who has been legally separated for at least one full year and who wishes to be divorced from their spouse without their spouse's agreement or signature. This motion can be made by either party.
The court will hold the form for eleven (11) days to give the other party time to review the order and object to its accuracy. If there are no objections within the 11 days, the court will review, may sign and return the order to your and the other party.
By Stipulation
The Stipulation Converting Legal Separation to Divorce (FA-4162VA) and Order Converting Legal Separation to Divorce (FA-4162VB) is for parties who have been granted a Legal Separation, but who agree to convert it to a divorce. As long as both parties agree, there is no waiting period and it can be filed at any time after the legal separation is granted.
By Motion
The Motion Converting Legal Separation to Divorce (FA-4163VA) and Order Converting Legal Separation to Divorce (FA-4163VB) is for a party who has been legally separated for at least one full year and who wishes to be divorced from their spouse without their spouse's agreement or signature. This motion can be made by either party.
The court will hold the form for eleven (11) days to give the other party time to review the order and object to its accuracy. If there are no objections within the 11 days, the court will review, may sign and return the order to your and the other party.
