Family Law Questions? Ask a Family Lawyer Online.
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.
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.
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.
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.
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.