The process for a legal separation is essentially the same as for a divorce, but with the option for it to be reversed. Unlike divorced couples, legally separated couples can reconcile their differences in court, re-enter the marriage, and return to joint status. Below, we discuss the required steps for couples hoping to reverse a legal separation in the state of California.
The most important factor in reentering a marriage following a separation is that both spouses agree on doing so. Ideally the couple will have since resolved some or all of the major matters that initially lead to the separation.
With your written Order of Legal Separation in hand, couples can draft a motion to Vacate Order of Legal Separation. This document is essentially the formal document needed to ask the court to review their request.
One a motion has been drafted, the court will require you to draft an official Order to Vacate Order of Legal Separation. This is the second step in confirming with the court that you wish to be remarried.
The final step is to file the Motion and Order to Vacate with the clerk of the family court where the legal separation was initially filed. Be sure to include a copy of the original Order of Legal Separation at the time of filing and keep in mind that there is typically a filing fee due at the time of filing, which must be paid before the motion will be accepted.
Southern California residents seeking to reverse their legal separation can trust that Richard E. Young Family & Associates will get the job done as quickly and thoroughly as possible. We will help you legally resolve any and all issues in family court including custody, child and spousal support, property division, separate and community property characterizations and disputes, business valuations and division and more!