Conversion divorce, also known as conditional divorce, refers to a situation where a couple has obtained legal separation or signed a separation agreement, and subsequently lived separately for a specific duration before proceeding with the divorce. Unlike contested divorce, where one spouse opposes the dissolution of marriage, or uncontested divorce, where both spouses mutually agree to end the marriage, conversion divorce follows a distinct process.
A conversion divorce, also known as a conditional divorce, is granted after the parties have signed a separation agreement or obtained a legal separation and have lived separately for a specific period of time as mandated by law. In some states, couples may need to live apart for a year before filing for a conversion divorce. Once the required period has elapsed, the court can then grant the divorce. This type of divorce differs from contested divorce, fault divorce, and no-fault divorce, as they have different requirements and procedures.
A conversion divorce is a legal process in which a legal separation is converted into a divorce.
A conversion divorce is different from a regular divorce in that it starts with a legal separation agreement that is later converted into a divorce decree, while a regular divorce is initiated without a prior legal separation.
The requirements for a conversion divorce vary by state, but generally include a period of legal separation, agreement on division of assets and debts, and agreement on child custody and support.
In some states, both spouses must agree to the conversion divorce, while in others, it can be initiated by one spouse even if the other does not agree.
The length of time for a conversion divorce varies depending on the complexity of the case and the court’s schedule, but it generally takes several months to complete.
It is recommended to have a lawyer for a conversion divorce, especially if there are complex issues such as child custody, division of assets, or spousal support.
In some states, there is a waiting period after filing for a conversion divorce during which the parties can reconcile and dismiss the case. After the waiting period, the divorce process will continue unless both parties agree to dismiss the case.
In a conversion divorce, joint property is typically divided according to the terms of the legal separation agreement or as determined by the court.
Alimony, or spousal support, may be awarded in a conversion divorce based on factors such as the length of the marriage, each spouse’s income and earning potential, and the standard of living during the marriage.
Yes, once a conversion divorce is finalized, both parties are free to remarry.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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