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Question: my wife and i filed for a legal separation in colorado in 2009 and was granted one by the court in June of 2009. we have since reconciled and are living in arizona. we wish to vacate the judgment of legal separation and be legally considered "married" once again. when we contacted the clerk office in arapahoe county, colorado we were told that filing a motion to vacate judgment of legal separation was not "allowed, we should just get remarried to each other". Is this the proper and legal recourse for us? Can we just go to Las Vegas or anywhere and get remarried
Response: You are still legally married. So, there is no need to get remarried. Judgment of Legal Separation only means that any property acquired by each party after the legal separation is considered a separate property of the person who acquired it. See Colorado Revised Statutes Section 14-10-113. You can file a Joint Petition/Complaint/Application for Termination of Judgment of Legal Separation or file Joint Complaint/Petition/Application for Modification of Legal Separation and request that the Court terminate the Separation Agreement because the parties have reconciled. You can obtain a blank Complaint (Application/Petition) Form in the Clerk's office. The form must be signed by both of you. You also need to request for a hearing on your Complaint.
just to clarify even though we live in arizona we would need to travel to colorado to file the complaint/petition/application form and request a hearing in that county court. Correct?
Response: Yes, that is correct. However, you do not need to travel to file the complaint. You can request for the forms in the mail, complete, and mail the forms back to the Court, but you have to appear in person for the hearing, or ask to see if the Court has telephone hearings for out-of-state litigants and if so, ask for a telephonic hearing so that you do not have to travel to Colorado at all to get this done.
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