CAN I CONVERT A LEGAL SEPARATION TO A SUMMARY DISSOLUTION?

QUESTION: We filed for Summary Dissolution in August 2011, mistakenly thought we had to submit the Request for Judgment prior to six month mark, and were on a last ditch effort to reconcile. Ten days before the end of the waiting period, I filed a notice of Revocation, and then to cover my rear financially, I immediately filed for Legal Separation. Two days later I realized it was a bad judgment call. I have not served the Summons on the Legal Separation, and my husband has signed a new Summary Dissolution Agreement. So a week after revoking one joint petition for Summary Dissolution, we are filing a new one. Had I stayed on the originally chartered path, the waiting period would be over in 2-3 days. So this is a two prong question: Can I convert the Legal Separation petition to Summary Dissolution, or do I need to cancel the Legal Separation, and pay a new filing fee for the Summary Dissolution? Since the time between revoking and refiling the Summary Dissolution will be all of seven days, would the original waiting period count, or does the clock get reset?

MY RESPONSE: It is unlikely that the Clerk will convert your Legal Separation to a Summary Dissolution, or that you will be able to revive your initial Summary Dissolution timetable. You most likely will need to start a new Summary Dissolution and live with its timetable. You could visit the Superior Court clerk and make your requests, but it is unlikely that they will be granted. There is no procedure to transform a Legal Separation to a Summary Dissolution. The only way, if any, that you could get back to the original Summary Dissolution timetable would likely be if the clerk would allow you to withdraw your Notice of Revocation in your original Summary Dissolution case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |