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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my wife, daugther and i live in colorado. We were officially

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my wife, daugther and i live in colorado. We were officially separated in october 2011. She was awarded 3 years of maintenance and we share parenting of our daugther 50/50. Over the past year we have been trying to reconcile and are thinking about moving back in together. My main question is whether our separation agreement could be affected by us moving in together. I mean, if we lived together for a year or 2, or 5 and decide it's not working, would that somehow nullify the separation agreement? if we live together indefinietely, if the separation agreement is in place, would those terms still stand?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Your separation agreement would technically remain in place even if the two of you are back together. It is not nullified. The only time it is voided is if you (re)marry. Otherwise, any party may at any time relocate and then enforce the agreement again despite the time that it was not followed while you were together again.

I hope this helps and clarifies. Good luck.

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Customer: replied 1 year ago.

could you clarify the part about re-marry? we are still married, as in we are not free marry another person or re-marry each other, as it was explained to me. i would have to convert to a legal separation to a dissolution of marriage, first right?


 


"would technically remain in place" sounds like it's not iron clad....does this mean that it could be (or has been) argued otherwise?


 


I mean, if we live together for another 10-20 years then decide go our separate ways could a judge ignore a 20 year old separation agreement?

Expert:  Ely replied 1 year ago.
Mike,

Ah, my apologies.

we are still married, as in we are not free marry another person or re-marry each other, as it was explained to me. i would have to convert to a legal separation to a dissolution of marriage, first right?

Right.

"would technically remain in place" sounds like it's not iron clad....does this mean that it could be (or has been) argued otherwise?

First of all, check the actual JUDGMENT. If the Judgment has any verbiage that touches on the issue, it controls over anything else. So if the Judgment states that if the two of you get back together and move in, that the judgment is then voided, then that is what happens.

Absent any such language, the separation orders stand "as is" even if the two of you get back together. Yes, even for months or years. Unless the judgment has an end date (which I am guessing it does not), then it applies in perpetuity. Of course while together, the two of you may choose to ignore it. The court is not going to "force" it on you.

But should one of you decide to end the relationship (again), the judgment is "revived" in that it was never officially terminated. The party can enforce the judgment.

Of course the Court is going to take into consideration if you have been together for SOME TIME and then one party wishes to renew the distance, and while the judgment is still in effect, the Judge will take the fact that you had been back together for some time if there are issues later on. Such as, if you have a NEW joint account and have had it for years, the Judge is not going to automatically force the old judgment on you and may come up with something more equitable. So yes, it is on a case by case basis and can be subjective. Remember, family court is also a court of EQUITY (fairness) as much as statutory law!

I mean, if we live together for another 10-20 years then decide go our separate ways could a judge ignore a 20 year old separation agreement?

See above.

I hope this clarifies!

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.