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?
I hope this clarifies!
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