I am legally separated in California for two years now. I am presently preparing my divorce papers. Which form(s) do I use to indicate to the court that I am currently legally separated? On FL-100, do I check both dissolution and amend? Do I attach the final judgment form to my new forms?
Your divorce case is a separate case from your prior legal separation case. Check "dissolution of marriage" on the FL-100 form. Since you already have a Judgment for "legal separation", you cannot amend the petition in the prior case. However, that prior judgment likely adjudicated all issues other than marital status, so you could (but are not required to) attach a copy of that Judgment of Legal Separation to your divorce petition, to apprise the Court that those issues were already adjudicated in the legal separation case.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
When you say "legally separated", does that you mean you have obtained a Judgment in the separation case? If not, you can file a First Amended Petition and change the Legal Separation to a Dissolution. If you have already received a Judgment, the you will need to file a new case for Dissolution.
If you have a Judgment in your Legal Separation case then that case is over and you would need to file a Petition for Dissolution of Marriage. Just indicate that on the Petition. You would be just checking the dissolution box on the FL-100. I would reference the case number of the Legal Separation case.
The communication above is provided for informational purposes only. It is not legal advise and does not create an attorney client relationship with anyone. Please consider the information above and get competent legal advise from your trusted advisor.
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