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.