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LADY LAWYER
LADY LAWYER, Family Law Attorney
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Experience:  Family Law Attorney
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Does anyone know how to void a legal separation filed in O

Customer Question

Does anyone know how to void a legal separation filed in Oklahoma?
Submitted: 4 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 4 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

Has the judge already granted it?

Customer :

yes, it was filed in 2007 but then we got back together

Customer :

and we no longer live in Oklahoma

Customer :

BUT we are filing for divorce in PA. However, I, the respondent want the legal separation voided first because there are terms in it that I am not willing to agree to anymore after we got back together for the year of 2009

LADY LAWYER :

Okay, thank you. The terms of your separation do not have to carry over into the divorce. This is a totally separate action. If the two of you had gotten back together, you could have voided the separation, but because you are not back together and are proceeding with a divorce, the OK court will not void the separation agreement. But again, the terms of the separation agreement do not carry over into the divorce.

Customer :

but it says in the separation agreement that if we both write wanting to nullify it that it will be set aside for naught

LADY LAWYER :

Does the other party wish to nullify?

Customer :

well i think i've almost got him convinced

Customer :

but is there no loophole that we got back together after the separation?

LADY LAWYER :

:) Okay, in that case, if the two of you are in agreement then you can simply write a letter to the judge asking him to nullify the agreement.

Customer :

do we have to pay court costs usually for that?

Customer :

Also, and idea what that letter has to state/contain?

LADY LAWYER :

Possibly. If you wrote your own letter asking the court to nullify the agreement because of a past reconciliation, the judge may or may not grant it now that you have separated again. If you had written him WHILE you were back together, he would have definitely nullified it. No, you do not have to pay anything to write the letter and to file it. You would send it to the clerk of court but to the judge's attention.

Customer :

The county judge?

Customer :

And he doesnt' know we aren't together right now anyhow

LADY LAWYER :

Just ask that the separation be nullified and mention the fact that you were back together in 2009 so the agreement should be voided.

LADY LAWYER :

The judge that granted the separation in the first place.

LADY LAWYER :

But he doesn't know that you are, either.

Customer :

and reference the original case no?

Customer :

no=#

LADY LAWYER :

So you're going to have to tell him what happened. If your ex agrees to write the letter with you, that is great. If not, you can write your own. Yes, reference the case number XXXXX sure.

Customer :

and you're familiar with OK law, right?

LADY LAWYER :

Yes. Each judge is different, but when you have a point blank order stating that you can wirte to nullify, that is what you're going to want to do.

LADY LAWYER :

You can always come back if you think of any other questions--even after you have accepted the answer. :)

Customer :

I can?

Customer :

I dont' have to pay again? How do I get to you again?

LADY LAWYER :

Of course you can! I always follow up with my customers. Just bookmark this page and come back at any time. Once you have accepted my answer, I can leave this thread open indefinitely.

Customer :

do I pay again at any point?

Customer :

just so I know

Customer :

My name is XXXXX XXXXX the way

LADY LAWYER :

Nope, not if you want to follow up with me here.

Customer :

wonderful news.

LADY LAWYER :

Hi Jaye! My husband is a "Jay" :)

LADY LAWYER :

I like the e at the end for a girl though.

Customer :

I have triplets that are 4 yrs old and I'm doing it all alone right now so that helps!

LADY LAWYER :

My name is Hope.

Customer :

Thanks, Hope! I appreciate your willingness to help. It's hard doing it all alone and stressful!

LADY LAWYER :

Keep working on the ex, if it's a no-go, write the letter yourself. If the judge still doesn't side with you, just know that when you file for divorce, it begins the whole process anew and the separation agreement will not control anymore.

Customer :

even though it states i'm not entiled to any assets accumulated after the separtion, which is when we bought our house!

Customer :

*separation

Customer :

Is there a way I could email you the doc? I can scan it

Customer :

if that's asking too much, I understand.

LADY LAWYER :

You can upload it to www.mediafire.com, and then copy and paste the address here for me.

LADY LAWYER :

If that agreement was in effect when you bought the house, then yes, it applies.

Customer :

see that's why i want it voided

LADY LAWYER :

However, if you were living together or were back together when you bought the house, then the new divorce judge will not consider the separation agreement valid.

Customer :

totally not fair to me

Customer :

we were

LADY LAWYER :

You don't need it voided as long as the new judge knows you were together. He is able to rule that it was not applicable at the time.

Customer :

both, back together and living there, in fact I lived there long enough to be an official PA resident

Customer :

well I dont' know the new judge and I feel like it's better safe than sorry, no?

LADY LAWYER :

Sure, it couldn't hurt.

Customer :

would it help you to see the doc or is it just overkill?

LADY LAWYER :

But I am confident that any judge you are in front of will declare the agreement voided for the time period you got back together and any time period after that. Co-habitiating in and of itself voids the agreement.

Customer :

ok wonderful

Customer :

good news

Customer :

Ok, so now I click accept and it pays you for helping me?

LADY LAWYER :

Yes :) You will not be charged anything further than what you have already paid, which was the $58.00. And remember, just bookmark the page and come back at any time.

Customer :

I added it as a favorite and then, when I click it, I just come back here?

Customer :

to this page/chat?

Customer :

sorry, I'm very bright, just never done this before ;)

LADY LAWYER :

Oh, I can tell you are very bright :) Yes, that is exactly what you do.

LADY LAWYER :

Also, any time you sign into Justanswer.com, you can see your past questions and you can get back to this page.

Customer :

Ok, thank you so very much!

LADY LAWYER :

You're so welcome, Jaye. It has been my pleasure working with you today.

Customer :

Thanks, XXXXX XXXXX great evening

Expert:  LADY LAWYER replied 4 years ago.
Please don't forget to press the accept button before you leave. It is the only way I can receive credit for helping you. Thanks again for using Justanswer.com!
Expert:  LADY LAWYER replied 4 years ago.
What happened, Jaye? You left without accepting even though I spent quite a bit of time with you and you said you were accepting.

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