When you are legally separated and want to dissolve the marriage...does your waiting period of 6 months start from the LS date or is it a brand new proceeding?

Just curious, for future reference...

My LSA states the date that WH left the home. I live in MD, though, so our laws aren't the same. If you have a 6 month wating period POST SEPARATION, then I would say it is from the date WH left the home.

CA DIVORCE INFORMATION

Filing for Divorce

A form called a "petition" must be filed with the clerk

A divorce cannot be granted until at least six months after the other spouse is notified of the filing of the petition. Neither party can remarry legally until after that date. The attorneys (or spouses, if they are acting as their own attorneys) have to prepare a number of papers for the judge to review and sign in order for the divorce to become final.

Judgment: A judgment ending your marriage can be entered six months from the day your spouse is served with the Summons and Petition. The court does not automatically end your marriage when the six months have passed. You cannot legally remarry until you obtain a judgment even if the six months have passed. If you want to remarry or have some other reason for wanting to be single at the end of six months, a judge can dissolve your marriage even though some property or other issues are not yet settled.

Here's a link to a CA family law website...

http://www.courtinfo.ca.gov/selfhelp/family/divorce/intro.htm

Look around on the site. In part, it seems to say that you just need to file an ammendment to move an LSA to a D.

"If you file for a legal separation, you may later be able to file an amended petition to ask the court for a divorce..."


Also, you can get the advice from a "Family Law Facilitator" for free in CA (pretty nifty benefit!). Here's a link: http://www.courtinfo.ca.gov/selfhelp/family/support/flf.htm


The instructions for the dissolution form have this note about the date of separation:
"Date of Separation (number 2b)
This is the date when you and your spouse knew your marriage was over, even if you were still living together. You may need to talk to a family law lawyer to decide what the “date of separation” was, especially if you and your spouse lived apart or had “trial separations” in the past.
ALERT! The date between the date of your marriage and date of separation will define the length of your marriage. The “Length of Marriage” can seriously affect the division of property and debts and payment of spousal support!"

So you may already have a date of separation on your original LSA paperwork.

The instructions for a judgement say to count 6 months plus one day from the date the other party is served, though. I'd check with the family law facilitator about what it all means.


I could be much more effective if it were my state, I know how to find al the laws and forms here. Hope this helps a little, anyway.

Please be careful, CA divorces are a bit complicated and not always done correctly without a lawyer.