Reversing a Legal Separation
Posted on Jan 17, 2013 3:20pm PST
Most people who visit this family law directory are looking for someone to help them get a firm and solid divorce. Yet you may be one of the few who is searching for help for another reason. Maybe you are currently in a legal separation and you and your spouse have reconciled. Now, you may want to void all documents regarding your legal separation and move back into together to continue living as a family. If you are one of these men and women, then you will want the help of an attorney. A legal separation is a physical and actual separation of two spouse who are legally married. Typically, a legal separation is the first step for those that aim to get a divorce in the future. Most states require that couples file for legal separation and remain in this state for six months to a year in order to determine whether or not this is how they truly want to live the rest of their lives.
For most couples, legal separation is simply a formality because they have already determined that divorce is their best option. Yet for others, this time apart can be the perfect way to reflect on what life would look like without a spouse. Some couples may determine that they were acting prematurely and that they can reconcile their marriage with the help of counselors or with a few humbling apologies. Even after a couple has initiated legal separation, they have the option to reverse the order and return to joint status. If you want to void a legal separation, you will need to start by discussing this with your spouse. You and your spouse must both agree that you want to terminate the legal separation in order to make the motion affective.
After this, you will need to obtain an original copy of the Order of Legal Separation. This is typically field at the court house where you got the legal separation, so it is best to look there first. If you have not entered an order, you will not be able to reverse the legal separation because you and your spouse will not be bound by any contracts. In this situation, you can simply move back in together without any complications. Once you have gathered the necessary documents, you will need to Draft a Motion to Vacate Order of Legal Separation.
This will include a option for the legal separation matter at the top along with the docket number. You may want an attorney to help you draft this motion as the details can sometimes get complicated. You will want to review your jurisdiction’s rules for motions and pleadings. Oftentimes, motions need to be styled in a particular way and formatted correctly in order to be submitted for review. This means that if you fail to observe your jurisdiction’s specific style, you may have your legal separation motion denied. You will want to be sure to format correctly for this reason. You can ask an attorney to help you with this endeavor, or you can look up examples of other motions that are used in your jurisdiction on line. You may even be able to find a template which you can use.
Within your motion you will need to explain that you and your spouse no longer want to be legally separated and that you have reconciled. You will also want to include the fact that your marriage has not yet been dissolved. If you have already been granted a divorce, you will need to remarry in order to reinstate your relationship. After you have discovered how to best write your motion, you will want to draft an Order to Vacate Order of Legal Separation. This will be included at the end of your motion, and will You will want to write a statement that says “the above-entitled action is ordered vacated” and then include a space for the judge to sign the order.
After this, you will need to file your motion with the clerk of the family court where you received your original order of separation. You will want to include a copy of your original Order of Legal Separation along with the motion and will want to pay a filing fee if necessary. These fees will vary depending on your jurisdiction. With the help of a trusted and devoted family law attorney, you can ensure that you will end your legal separation without complications and move on with your life.