How Do I File For Divorce If I Am Already In A Legal Separation With My Wife?
There is no right or wrong way to file for a divorce if you are currently legally separated from your wife. In fact, there is no rule that says that you must file for a legal separation before a divorce, or that one must even be filed at allâyou can go straight to the divorce filing if that’s what you want. Although there is nothing wrong with filing for a legal separation instead of a divorce, it is an admirable way to go if you think your wife and you can work things out in the long run with a little time apart. But there is, however, no need to file for legal separation before starting the divorce process.
If you’re already part of a legal separation, in order to file for a divorce, you will need to start from scratch by filing brand new legal paperwork with the courts, filing a dissolution of marriage petition, and having them properly served to her. If, however, you filed a legal separation and your wife counters with a petition for divorce, you will just continue the case from there instead of starting over with divorce papers.