Reversing Legal Separation in Arizona
A legal separation for splitting from your spouse has a list of advantages, including allowing you both to stay on the same insurance plans, in some cases, and receive tax credits by filing joint income tax returns. There are, however, some disadvantages that come with a legal separation.
If misused, it can cost the same amount as divorce proceedings while the couple elects to get back together, leading to highly unnecessary expenditures. It can also make it difficult for one or both spouses to move on with their lives, especially if they plan on getting remarried in the future. Even so, a legal separation allows a couple to stay in each other’s lives in some capacity, for better or worse.
Fortunately, there are instances where couples decide, even after going through the whole process of legal separation, that they want to remain together in a complete sense and thus aim to end the separation.
In Arizona, this is referred to as a reversal of legal separation. While it is a relatively simple process, it is important you and your spouse understand the process and how to complete it correctly.
The Hildebrand Law, PC team will give you a quick overview of the reversal process and how you can get back to your life. If you have questions regarding legal separation, separation agreements, reversal, or anything else related to family law, call the lawyers at Hildebrand Law, PC and see why we are Arizona’s choice for family law matters.
Reasons to Reverse a Legal Separation in Arizona?
People are quick to make decisions based on emotion. Divorce and separation proceedings are no exception to this, and many couples may thrust themselves into a situation which, after some thought, they are not privy to. Whether they attempt a trial separation or go for the full legal separation, second thoughts and reflection can lead to a couple wanting to reverse course and resume their lives as they were.
If this is indeed the case, a legal separation reversal is a viable option and should be initiated as soon as possible. Like any other family law process, the reversal of a legal separation requires several steps to be completed to finish the reversal in its entirety. These measures include:
Agreement: While this may seem obvious, both spouses must agree to a reversal of a separation agreement. Unlike divorce versus legal separation cases where, if one spouse wants a separation and the other wants a divorce, the divorce must be granted, reversal requires both parties be on board.
Draft a Motion to Vacate: With the help of a lawyer, like one of the family law attorneys at Hildebrand Law, PC, you and your spouse need to draft a motion to vacate the order of legal separation you have already acquired. It is important you start this by notifying the court of the docket number in which your separation agreement was determined so the court knows which case is under consideration for a reversal.
Explain the situation: drafting your motion means that you must inform the court as to the circumstances surrounding why you and your spouse are seeking a reversal. The explanation should include how you have both reconciled your differences, as well as stating that your marriage has, in fact, not been dissolved already. You also have to demonstrate a basis under the Arizona Rules of Family Law Procedure to set aside the Decree of Legal Separation.
This can be done without a lawyer, though it can be helpful to have your lawyer review the motion in its entirety to ensure it is properly composed. You should also include a form of Order for a judge to sign off on with language, such as, “the above action is ordered vacated” or similar wording. This gives the judge the ease of signing with no hassle and no obstacles keeping him or her from getting everyone on their way.
File the motion: now that you’ve finished the document, go and file the motion at the same court where you filed for your legal separation. The process is simple enough, but it is important that the document you create to end your legal separation is properly composed to ensure there are no issues in getting the process taken care of quickly.
The team at Hildebrand Law, PC is all too familiar with the situations surrounding divorce and legal separations. However, there are instances where couples can reconcile and find themselves in a much happier ending than dissolving their relationships.
If you are looking at the options for reversing your legal separation, it can be helpful to consult legal experts with knowledge in family law to ensure you are following the right procedures. The lawyers at Hildebrand Law, PC have provided Arizona residents with family law counsel for years, and we are here to help you. Please reach out and discover how we can help you today.
Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.
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