QUESTION
What documents are required to process a status only dissolution of marriage?
Asked on May 13th, 2013 on Divorce - Illinois
More details to this question:
I was legally separated in 2006. All issues were resolved and a legal separation judgment was entered with the settlement agreement. I would like to move forward with the dissolution and have my maiden name restored as my legal name. I am trying to determine what documents are required to process a status only dissolution of marriage and if I would include a copy of the settlement agreement from 2006 with it when I file. I am in no financial position to hire an attorney due to being a young adult cancer survivor (diagnosed under age 40) and the money previously spent for the legal separation. I just want to get this done myself and move forward with my life. Thank you.
5 ANSWERS
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To proceed with divorce in Massachusetts, you have to start a separate legal process: divorce. Will your husband be agreeable to an uncontested divorce that will incorporate your previous agreement? If not, you will have to file as a contested action and request the court to incorporate the terms of your previous action into the divorce judgment.
Answered on May 16th, 2013 at 1:08 PM
If you wish to convert the case to a dissolution you can do so by filing a new petition for dissolution. You can not do a status only dissolution but you can incorporate your property agreement from the legal separation into the dissolution judgment. You should consult a family law attorney about the procedure.
Answered on May 16th, 2013 at 1:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a complaint for divorce and attach the settlement agreement as an exhibit. You will have to serve your soon to be ex, but he or she may just agree to the entry of the order. If so, then file the stipulation and the proposed order and you should be divorced.
Answered on May 16th, 2013 at 1:08 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Neither of you has filed anything with the court asking for a Dissolution, only a Separation. You must file the case for Dissolution and then just agree that all division of assets and debts was settled in the Separation Judgment, also confirm that everything acquired since the separation is confirmed as separate property. The Family Law courts have self help centers staffed with people who can direct you to the correct forms to fill out for this process, if you absolutely cannot afford an attorney to help you through this relatively simple process (IF in fact, all other aspects of the marriage were dealt with in the separation).
Answered on May 16th, 2013 at 1:08 PM
A whole new case has to be filed. The legal separation case is done and over. A copy of the legal separation judgment should be attached as an exhibit to the Petition for Dissolution. Your spouse needs to be served with summons in the new case. As long as you have been living separate and apart for over 2 years you can obtain a no-fault dissolution.
Answered on May 16th, 2013 at 1:07 PM