Contrary to popular belief, legal separations are not the same thing as a divorce. If you and your former spouse went for a legal separation, then you still can legally get back with your former spouse if you reconcile with that person. This process is known as a reversal, and courts have a specific process that people who are legally separated must adhere. It is not enough to decide that you want to get back with your spouse on your terms—if you want your marriage to be recognized again legally, that is. For starters, those who want a reversal must agree with their spouses and come up with a joint plan.
In most courthouses, judges will make a couple who is considering divorce file for legal separation first. This is the best for a couple to scale whether or not they want to finalize their separation with a final divorce. Some couples find that they are lonely and still hungover their husband or wife when they begin to test the waters of separation.
Order of Legal Separation
After reconciling and discussing the need to reverse the legal separation, couples who wish to reconcile officially will need to obtain a copy of the original Order of Legal Separation. If you and your spouse do not already have a copy of this important document, then you can request one from the clerk of the family court where you first initially filed for legal separation. The only instance in which you and your spouse will not be able to obtain this document is if a judge never entered this order in the first place. If this is your situation, you and your spouse are not under a legal separation, and you two are free to get back together without taking any other legal action.
Motion to Vacate Order of Legal Separation
If a judge did indeed enter the order, then you and your spouse need to draft a document called the Motion to Vacate Order of Legal Separation. Explain the matter at hand and list the docket number on this motion. Talk with officials at the courthouse who can explain to you how this motion needs to be formatted and styled. By not completing this motion properly, a judge can reject your petition, so be prepared to follow all the instructions given to you by the courthouse.
When you file the motion, you’ll want to explain that you and your spouse don’t want to be separated any longer and that you have reconciled with that person. Make it a point to mention that your marriage has not been dissolved and that you and your spouse never filed for divorce or finalized a divorce.
You will need the assistance of an experienced divorce attorney to guide you through the complicated process of drafting an appropriate Motion to Vacate Order. Contact our divorce attorneys at The Ault Firm today.