Posted on : May 12, 2017, By: Christopher Hildebrand
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.
Reversing Legal Separation in Arizona.
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 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 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, 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.
Undoing Legal Separation in Arizona.
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 are all too familiar with the situations surrounding divorce and legal separations. However, there are the 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 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.
If you have a question about legal separation in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix divorce Arizona attorneys at (480)947-4339.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
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After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
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I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
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I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.