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Can You Reverse a Legal Separation?

Legal separations are not the same as divorces. If you are involved in a legal separation, then you still have the ability to get back together with your spouse if you reconcile with that person. This is called a reversal, and courts have a specific process that those who desire a reversal must adhere to. For one, those who want a reversal must agree with their spouses and come up with a joint plan. In most courthouses, the judges will make a couple who wants to divorce file legal separation first.

This way, the couple can see whether or not they want to finalize their separation with a final divorce. Some couples start to test the waters of separation, only to find that they are lonely and are still in love with their husband or wife. After reconciling and discussing the need to reverse the legal separation, couples that want to reconcile will need to obtain a copy of the original Order of Legal Separation.

If you do not already have a copy of this important document, then you can get one from the clerk of the family court where you first filed for legal separation. The only time that you may not be able to obtain this document is if a judge never entered the order. In this situation, you are not under a legal separation and you are free to get back together with your spouse without any other legal action.

If a judge did indeed enter the order then you need to draft a document called the Motion to Vacate Order of Legal Separation. You will need to explain the matter at hand and list the docket number on this motion. You will want to talk with officials at the courthouse who can explain to you how the motion needs to be formatted and styled. If you do not complete this motion properly, then a judge may even reject your petition, so you will want to take pains to follow all instructions given to you by the courthouse.

In the motion, you will want to explain that you and your spouse don’t want to be legally separated any longer and that you have reconciled with that person. You will also want to make a point to explain that your marriage has not been dissolved and that you never filed for divorce or finalized a divorce. You will probably want the help of a knowledgeable attorney at Cutter & Lax as you go through this process and try to draft an appropriate Motion. You will also want to look at examples of Motion to Vacate Order of Legal Separation documents online and copy the format.

Both you and your spouse will need to sign this order. After this, you will need to draft an Order to Vacate Order of Legal Separation. This will be at the end of the motion that you wrote and is a spot reserved for a judge to sign. The order does not need to be detailed or lengthy. Instead, this part of the document can merely say something like “the above-entitled action is ordered vacated” with a place for a judge to sign. You will also want to provide a space where the judge can date the order.

After you have created this document with the help of a family law attorney, you will want to file the Motion and Order to Vacate with the clerk of the family court. You will need to use the same court where you legal separation was filed. You will want to include a cop of your original Order of Legal Separation when you file. Chances are that you will also need to pay a filing fee. You will need to pay this fee before your motion will be accepted. With the help of a knowledgeable Burbank family law attorney, it should not be too difficult for you to reverse this order in due time.


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