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Write a motion requesting that the court convert your case from legal separation into a divorce. File the motion with the clerk of the court. The clerk will provide you with the date and time for a hearing on the motion. Send or deliver a copy of the motion, along with notice of the hearing, to your spouse.

Conversion into Divorce. After a couple is granted a legal separation, many states will allow them to convert the separation into a divorce if they later decide they want to terminate the marriage. However, some states may place limitations on legal separations.

However, during the period of being legally separated, the spouses remain married. They can not remarry. The marriage remains intact. However, if they decide to get divorced subsequently, either of the spouses may convert the separation into a divorce after six months have passed.

Why Get a Legal Separation Instead of a Divorce? Choosing between a legal separation and a divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a legal separation allows them to remain married while being able to live completely separate lives.

If the parties stop living together and each person maintains his or her own home, it is not necessary that both parties agree on or want the separation. All it takes is the intent of one of the spouses to separate and to cease living together.

Divorce is not the final stage in all cases of legal separation. ... You can amend a separation agreement by seeking mediation or lawyers to make changes to the original document, which then must be notarized and submitted to the local district court. They will then replace the new amended agreement with the old agreement.

1) Change by Mutual Agreement. At their essence, separation agreements are merely private legal contracts between two spouses; as such, they can be amended by mutual consent of the parties.

Having a separation agreement is what makes you legally separated. You are not legally separated unless you have it. You and your spouse must voluntarily agree to all the terms of your separation agreement. The court will not force a separation agreement upon you.

A separation agreement is a legal document that when signed and notarized by you and your spouse can act as a legally binding contract that is separate from or “survives” the divorce. ... Even if your agreement acts as a binding contract, it cannot grant you a divorce.

Separation Agreement Without a Lawyer. Just because it is not required does not mean you should not have one. ... Each spouse must enter the legal separation agreement voluntarily without duress. Both spouses sign a written agreement in the presence of a witness.