Criteria to Change a Legal Separation to a Divorce

You must wait at least 182 days from the date your legal separation was finalized by the court (when the Decree of Legal Separation was entered) before you can file paperwork to change the legal separation to a divorce.

Identify Where to File Your Paperwork

You should file your paperwork with the same court that finalized your legal separation.

Forms and Paperwork Required

Use the forms link above to download and complete the Change a Legal Separation to a Divorce forms. For detailed instructions on how to fill out these forms, review JDF 1325 Instructions to Convert Decree of Legal Separation to Decree of Dissolution of Marriage.

Paperwork Tips

You and your spouse will have the same "identities" to the court as you did in the original legal separation case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you complete these forms.

You will sign your completed JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage. Your spouse does not need to sign the form.

Fill out only the top ("caption") part of JDF 1322 Order to Convert Decree of Legal Separation to Decree of Dissolution of Marriage, and the court will fill out the rest. You do not need to sign this form.

Fill out the top ("caption") portion of JDF 1116 Decree of Dissolution of Marriage or Legal Separation and check the "Dissolution of Marriage" (Divorce) box. The court will fill in the rest of this form. You do not need to sign this form.

You will need to mail or hand-deliver a copy of JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage to your spouse. After you mail or hand-deliver JDF 1321 to your spouse, complete the "Certificate of Service" part of the form, then file all of your forms with the court.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.
2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.