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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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How do I revoke legal separation agreement in state of

Customer Question

How do I revoke legal separation agreement in state of arizona
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

At any point prior to a final order being entered, the parties can file a motion to dismiss the legal separation and restore the marriage.

If you need clarification or additional information, please REPLY and I'll be happy to assist you further. Thank you.

Customer: replied 1 year ago.
Can I file the documents myself & retrieve forms from the court? If so - the name of the form?
Should I use a paralegal to create & submit documents ?
How long after filing with the court does it take to process and record ?Terri
Customer: replied 1 year ago.
The final order for legal separation is made & filed -- Legally Separated for two years
Expert:  RobertJDFL replied 1 year ago.

Thank you for your reply.

The motion can be called a "Motion to Vacate Order of Legal Separation" or "Motion to Set Aside Separation." Basically, the motion must state that the parties are getting back together and wish to dismiss the original separation order, and that no order of dissolution of marriage has been entered. I have not seen these forms online through the Clerk of Courts office though I did look.

You can have a paralegal draft the forms for you, sure - there is nothing that requires a lawyer draft it. However, remember that a paralegal cannot offer you any type of legal advice or answer your legal questions except to give you basic information. And, it may be worth consulting with an attorney to discuss issues such as how debts or assets acquired by each party since the separation will be handled, and/or if there are tax issues with the reconciliation.

There is no way for me to tell you how long it will take for a judge to enter the order once filed. It really depends on how busy the judge is when it is filed. Typically, it's several weeks at least from the time anything is filed. But I've had judges sign detailed motions in a week, and conversely, simple final orders may take a couple months.

Customer: replied 1 year ago.
Thank you for additional info. I was hoping for a simple form stating reconciliation for reason for rescinding. We've lived in same household and continued to file taxes together since agreement has been in affect. I don't what I "hope" to do - to interfere with what I should do as far as securing legal representation ....
Also, If/When the separation agreement is revoked -- is it viewed (legally) as though we were married the entire time. The courts view? That sounds like a dumb question --- but I'm not sure ??
Customer: replied 1 year ago.
Respectfully ***** ***** I referenced paralegal because even though I was indeed represented by a Family Law Firm (paid attorney fees) - A Paralegal was used to draft & file documents ..... Presumably under the authority and advisement of the lawyer ---- Nonetheless -- I never met the attorney and don't really know or trust his true level of involvement Just Sayn
Expert:  RobertJDFL replied 1 year ago.

I wish I could tell you it was a simple form that you could get from the court and fill out but it doesn't work that way. A motion has to be filed and a court has to grant that motion. Once a judge signs off, yes, you are treated as if you were married the entire time, because you have been, and the marriage never ended.

Expert:  RobertJDFL replied 1 year ago.

I took no offense to you using a paralegal - many of them are quite knowledgeable (and I was one for years before law school) -I just wanted you to be aware, in the event you didn't know, that LEGALLY, they cannot advise you -although I know the reality is many do, because many know the law just as well as the lawyers they work for.

Customer: replied 1 year ago.
I do understand there is no "form" per say ----- The request to rescind would be in a type written letter most likely -- notarized ... Etc..?? (I'm stuck on the word "form" --- but I do understand that part of it. Mostly a drafted legal request to withdraw separation agreement??
Customer: replied 1 year ago.
Did my question come thru??? I re-stated what I understood you said. No "Form" per say ... But probability legally drafted letter requesting withdrawal of that agreement ???
Expert:  RobertJDFL replied 1 year ago.

A letter would not be sufficient, no. The separation agreement is a legal court document, so too must be the motion to rescind the agreement.

Expert:  RobertJDFL replied 1 year ago.

A letter would not be sufficient, no. The separation agreement is a legal court document, so too must be the motion to rescind the agreement.

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