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Can you Cancel a Legal Separation?

Can you Cancel a Legal Separation?

Posted By Meyers Law Group || 22-Oct-2012

A legal separation is a court order that is sometimes likened to a divorce One of the main differences between a divorce and a legal separation is the permanency of the arrangement. While a divorce is final, a separation is reversible. Couples that are separated are still considered Mr. and Mrs. and must get their marriage dissolved before they can declare that they are legally single. Sometimes in a separation the court will still divide all assets and apportion out child custody time between a couple. Some states regard a separation as a bit of a “trial divorce” where couples can test out the waters of what divorce will be like before actually making arrangements to end their marriage.

If you separate from your spouse legally and then decide that you don’t want to go on without him or her, you have the option to reverse the separation agreement. You will need to visit your local Clerk of Court office and ask for a “motion to dismiss.” It may be helpful to have an attorney on your side that can advocate for you in court and help you to collect all the proper documents. You will need to fill out a motion to dismiss form and may want a lawyer there to help you fill out the information accurately.

You and your spouse will both need to sign the papers in order to attest to the fact that you agree about ending the separation. You will also need to find the file number from your separation and include that in the dealings. As well, in most states you have to provide a reason why you decided to end the separation. You may want to explain that you have reconciled with your spouse, or that the emotional condition of your children was enough to change your minds. After you have detailed the reason you want to end the separation, you will want to file a motion with the Clerk of Court.

You will be given a hearing date that you and your spouse will have to attend in order to make things official. Attend the hearing and bring an attorney along should any complications arise. After you have explained the reasons that you want to get back together with your spouse, chances are that the court will declare that you separation has been canceled. This means that all marital property will go back to being shared and child custody arrangements will be broken. The court will no longer interfere in your marital life. If you have more questions about this process, then you should make sure you have a knowledgeable family attorney on your side. Contact a lawyer at the Meyers Law Group for help with your New York family matters.