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I have filed for a legal separation, and it is now contested. Can I file the divorce papers, or can he?

Is it possible to sign divorce papers and file them when you are the respondent?
If I am the petitioner on the separation papers, do I remain the petitioner?

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Attorney answers (2)

Reputation Level 13
The Petitioner is the first individual to institute the lawsuit, or file the Petition for Dissolution of Marriage. The Respondent is the individual that is served with a Petition for Dissolution of Marriage. During the entire life of the case, the Petitioner will remain the Petitioner as will the Respondent remain the Respondent. Even when the Respondent files an Answer and Counterpetition, he or she remain the Respondent for the entire life of the case.

As for signing divorce papers, both Petitioner and Respondent will need to sign any agreement that is reached, whether it be a Marital Settlement Agreement or Mediation Agreement.
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Avvo Pro

Reputation Level 8
Actually, you can still have a contested legal separation. You do not need to file for divorce. A legal separation is very similar to a divorce and you will have a Decree of Separation (instead of a Decree of Dissolution). Six months after the Decree of Legal Separation is entered, either party may ask the court to convert the Separation to a Dissolution.

If you do not want to pursue a Decree of Legal Separation now that the matter has become contested, all you need to do is Amend your petition. You do not need to refile a new case. If no response has been filed by the respondent, you can file an Amended Petition now. If a response has been filed, you will need the court's permission to amend the petition through a motion and proposed order or a stipulation (agreement) and proposed order.

Feel free to call me or send me an email if you have any additional questions.

Todd R. DeVallance
Attorney at Law
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