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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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We're having the exact same issue. We filled and got a

Customer Question

We're having the exact same issue. We filled and got a judgement of legal separation 8 years ago, but never actually separated. We have stayed together and do not want to be legally separated.
Is there any clear cut way to reverse the judgement? If not, how do we go back to just being legally married without having to divorce and remarry? Thank you for your help!
Submitted: 10 months ago.
Category: Family Law
Expert:  Asad Rahman replied 10 months ago.

This is fairly simple. Draft a Motion to Vacate Order of Legal Separation. Include a caption for the legal separation matter at the top along with the docket number. Review your jurisdiction’s rules for motions and pleadings to see how your motion should be styled. Your motion can be rejected for filing if it is not completed properly. Attach a draft order granting your motion.

Expert:  Asad Rahman replied 10 months ago.

Judges will rarely go against an agreed motion of the parties.

Customer: replied 10 months ago.
You make this sound so easy. How would we know how to draft this motion? I have researched this question for 5 years, spoken to at least 6 attorneys in Los Angeles and not one knows what to do. Where would we get this form and how would we find out how to fill it out correctly?
Expert:  Asad Rahman replied 10 months ago.

I understand it is not easy. I would suggest you talk to the family law facilitator of your court to get the standard form. http://www.courts.ca.gov/selfhelp-facilitators.htm

Expert:  Asad Rahman replied 10 months ago.

These facilitators can guide you in theroght direction. You should contact the one for the court where your legal separation was filed.

Customer: replied 10 months ago.
We have been to the Courthouse multiple times, there is no standard form to Vacate Judgement of Legal Separation, if there was we would have done it years ago. We went to the court and even they did not know which form to use. The one they gave us was dismissed by the judge.
Expert:  Asad Rahman replied 10 months ago.

Really? That is very strange. Did you work with the facilitator?

Customer: replied 10 months ago.
Where do you see a facilitator here for this subject? http://www.lacourt.org/selfhelp/divorceorseparation/SH_DS001.aspx
Expert:  Asad Rahman replied 10 months ago.

Go to the facilitator in the county court where your separation was filed.

Expert:  Asad Rahman replied 10 months ago.

This outlines generally what they can help with. http://www.lacourt.org/division/familylaw/FL0118.aspx

Customer: replied 10 months ago.
I don't see here that the help with either Legal Separations or Vacating a Judgement.Family Law Facilitator"The office of the Family Law Facilitator assists self-represented parties with child support, spousal support and health insurance issues. The staff provides legal information and education to help parties complete their paperwork and represent themselves in their cases. The staff does not give legal advice nor does it represent a party in a case or at a hearing. There is no confidentiality or attorney-client relationship created between the office and a party."
Expert:  Asad Rahman replied 10 months ago.

This is just the general description of their role. I am fairly confident they will be able yo guide you in the correct direction. If you loke I can opt out and perhaps another expert could be more helpful.

Customer: replied 10 months ago.
I am going to see if they actually can. If so, your help will be much appreciated. I'll come back on when I find out tomorrow.
Thanks.
Expert:  Asad Rahman replied 10 months ago.

Sure that is fine. If not then we can try to figure out an alternative route.

Expert:  Asad Rahman replied 10 months ago.

Did you have any luck with the facilitator?

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