This information provides a guide to the process and forms necessary to convert a Legal Separation t 2025

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How to use or fill out the instructions to convert a Legal Separation to a Dissolution of Marriage

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  1. Begin by completing the necessary forms. Identify yourself as either the Petitioner or Co-Petitioner/Respondent, ensuring that you fill in the caption area on all forms.
  2. For the Motion to Convert Decree of Legal Separation (JDF 1321), complete all sections and provide a copy to the other party. If applicable, indicate any name restoration requests and complete the Certificate of Service.
  3. On the Order to Convert Decree of Legal Separation (JDF 1322), only complete the caption; leave other sections for the Magistrate or Judge.
  4. Fill out the Decree of Dissolution or Legal Separation (JDF 1116) by marking all relevant sections consistent with your original Decree for Legal Separation.
  5. Prepare for filing by paying the $105.00 fee and providing self-addressed stamped envelopes for each party if required.

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In your affidavit, you need to prove that there has been a change in the marriage, gradual or sudden, showing you and your spouse have separated. You will need to explain any: change in sleeping arrangements. reduction in shared activities or family outings.
Yes, if you and your spouse reconcile, you can undo the legal separation and resume your marriage. Both of you must agree to the reconciliation. One party alone cannot undo a legal separation.
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.