I have a legal separation from the courts, but now want a final divorce. What do I need to do?|||Now that you have a legal separation, you need to commence an formal action for divorce. This is done by filing (with the court) and serving a Summons and complaint for divorce. Your grounds will be that you were living separate and apart pursuant to a judgment of separation. The relief, in terms of the prioperty settlement will be based upon the Judgment of separation.
The problem here is that once the separation was obtained, why wasn't a divorce obtained at the same time? Now you have to start a second action to finish the job. However, as the separation agreement is in force, it is likely that your spouse will not object and the divorce can go through on default with the separation agreement being enforced.|||I would assume that you would have to file a separate divorce action against your spouse.
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