Q: I've done legal separation in CA 2 years ago, I want to file for a divorce in NJ, do I need to do all paperwok again?

A: Hello and thank you for asking your question. It is a bit difficult for me to answer your question, here, without more information regarding your legal separation document that you filed in California. Your question presents pretty complex legal issues, so I really suggest you talk with a family law attorney and bring your separation agreement with you so they can look it over and give you tailored advice.

You are correct when you state that New Jersey does not have legal separation available to its residents. In short, you are either legally married or legally divorced. But, New Jersey, like all states do give other state documents and papers "full faith and credit" to the greatest extent possible. So, again, what is written in your California agreement is key to what can and cannot happen in New Jersey. Does your agreement specify that the legal separation can be simply converted into a full judgment of divorce by way of just a motion with a family court or by the written consent of the two of you? If so, New Jersey courts would most likely respect this in your agreement and allow a divorce to proceed by motion or by written consent.

However, if your legal separation documents do not mention how the legal separation becomes a divorce down the road, then I believe that you would have to begin the full divorce process here in New Jersey, beginning with the filing of the complaint for divorce.

Again, I must caution that more information is needed and the ins and outs of your legal separation really need to be thoroughly examined by a family law attorney in order to get specific advice for your situation. My advice, here, is general. We'd be happy to welcome you in for a free consultation, but many other law firms also offer free consults as well. Hoping this was somewhat helpful! Regards, Bari.