When couples experience issues that lead them to separate, they may opt for a legal separation as an alternative to a divorce. In this process, the couple stays married but separates their lives whilst still being legally bound. However, what happens when a couple in Wyoming that has legally separated wants to finalize their divorce? Can they convert their legal separation to a divorce? Below is what you need to know.
Legal Separation in Wyoming
In Wyoming, the legal separation process starts when one spouse files for legal separation. After filing the petition, one of the spouses needs to live apart from their partner. While the couple is separated, they can work out their spousal support, property division, and custody arrangement.
Legal separation provides couples with an opportunity to assess their relationship and determine if divorce is the best course of action. It allows them to live separately and address certain issues without completely dissolving the marriage. However, legal separation may not be a permanent solution for some couples.
Converting Legal Separation to Divorce
Wyoming law permits couples that have legally separated to convert their separation to a divorce. To make this happen, you or your partner needs to file a motion requesting that the separation be changed to a divorce. Typically, the same documents used for legal separation are used for the divorce.
Converting a legal separation to a divorce involves formalizing the end of the marriage. It allows both parties to move on with their lives and provides a clear legal status. It is essential to consider the implications and consult with a divorce attorney before proceeding with the conversion.
Documenting Change from Legal Separation to Divorce
After filing the motion, both parties will be required to attend a hearing where the judge grants their request for the change from the legal separation to divorce. During this hearing, the couple can present any new information or arguments about custody, property division, and spousal support they want the court to consider.
The hearing provides an opportunity for both parties to express their needs and concerns to the court. It allows for a fair evaluation of the new circumstances and may result in adjustments to the existing agreements made during the legal separation.
Process Timing
It is worth noting that converting a legal separation to a divorce can take time. Generally, the process takes the same amount of time it takes to finalize a divorce. The duration may vary depending on factors such as the complexity of the case, court availability, and the willingness of the parties to cooperate.
It is important to be prepared for the potential length of the process and to communicate openly with your attorney about your expectations and desired timelines.
Reasons to Convert to Divorce
If you are ready to move on with your life or are facing challenges or frustrations with the legal separation agreement, converting your separation to a divorce makes sense.
The primary advantage of getting a divorce rather than staying in a separated state is that a divorce officially dissolves the marriage, and both parties are free from each other’s obligations. It provides a final resolution and allows for a fresh start.
Divorce may be the right choice for couples who have realized that reconciliation is not possible or desirable. It enables individuals to fully separate their lives and create new futures for themselves.
Conclusion
Legal separation is an excellent option for couples that are not yet ready to handle a divorce. However, if you have filed for a legal separation before in Wyoming, it is possible to convert it to a divorce should you choose to do so.
Before making any decisions, it is crucial to speak with a divorce attorney that can help guide you through the entire process. They can provide the necessary legal advice and ensure that you understand the implications of converting your legal separation to a divorce.
Overall, regardless of your chosen option, ensure that you pick the most suitable one based on your current situation and interests. Take the time to evaluate your needs and aspirations, and make an informed decision that aligns with your long-term goals.