Legal Separation used as basis for Divorce

[artms]

What is the name of your state Ca
If you have a legal separation agreement you're happy with and then later want a divorce, is the separation agreement simply transformed into a divorce? If so, would you both have to get lawyers and hammer things out again with all that expense or do you just use lawyers for the filing process?

 

[LdiJ]

What is the name of your state Ca
If you have a legal separation agreement you're happy with and then later want a divorce, is the separation agreement simply transformed into a divorce? If so, would you both have to get lawyers and hammer things out again with all that expense or do you just use lawyers for the filing process?

Anything divided/decided in the separation agreement would still stand as far as the property settlement is concerned. Issues relating to children could be re-opened as those issues are fluid and modifiable. Anything that wasn't settled in the separation agreement would need to be settled at the time of divorce.

 

[artms]

Thanks.
So if everything is settled, is it just a matter of us filing on our own and paying court costs or do we need attorneys or a paralegal to do it for us?

 

[LdiJ]

Thanks.
So if everything is settled, is it just a matter of us filing on our own and paying court costs or do we need attorneys or a paralegal to do it for us?

You could file on your own, and incorporate the separation agreement into the divorce. The hard parts are already done.

 

[artms]

That's great news.
When I consulted an attorney a while back, she couldn't understand why I would want a legal separation instead of a divorce. She said I would go through this whole process hammering out the separation agreement and then go through the whole process again to do the divorce, costing me twice as much. She was very aggressive which I found to be a bit unsettling. The more issues they stir up the more expensive. It's good to be thorough but I think it can get out of control and pretty soon you're fighting over things you never would have in the first place and in the meantime, kaching-kaching. I got cold feet and decided to wait until I was more grounded but in retrospect I didn't know if she meant it would cost again just for the filing/court fees or for hammering things out again with attorneys. Sounds like the former. Sounds like we can do it ourselves.

One more question.
Is a QDRO part of the retirement settlement with a legal separation or does that come into play with a divorce?

 

[LdiJ]

That's great news.
When I consulted an attorney a while back, she couldn't understand why I would want a legal separation instead of a divorce. She said I would go through this whole process hammering out the separation agreement and then go through the whole process again to do the divorce, costing me twice as much. She was very aggressive which I found to be a bit unsettling. The more issues they stir up the more expensive. It's good to be thorough but I think it can get out of control and pretty soon you're fighting over things you never would have in the first place and in the meantime, kaching-kaching. I got cold feet and decided to wait until I was more grounded but in retrospect I didn't know if she meant it would cost again just for the filing/court fees or for hammering things out again with attorneys. Sounds like the former. Sounds like we can do it ourselves.

One more question.
Is a QDRO part of the retirement settlement with a legal separation or does that come into play with a divorce?

It can come into play with either. However if you settle the marital property as part of the legal separation, then the QDRO should be done at that time.