How can Legal Separation be Reversed in Arizona?
How can legal separation be reversed? A legal separation in Arizona lacks the finality of a divorce. This means that it can eventually be reversed if both partners reach the conclusion that they want to try being together for a second time.
Many people opt for a separation when they’re unsure about getting a divorce. Legal separations come with additional perks like the ability to stay in the same insurance plan and even receive tax credits.
As far as the reversal of a separation in Arizona goes, it is a relatively simple process. A few steps will have to be followed for the purpose of getting back together.
Main Reasons for Seeking a Reversal
The reasons for seeking a reversal of a separation are obvious but when it comes to legal terms, is reconciliation between the two partners sufficient to get started?
The entire purpose of the legal separation is to give couples a bit of “wiggle” room. Usually, people go through this process when they’re unsure about getting a divorce, when they want to work on themselves or the relationship or when they can’t get divorced due to religious reasons.
The premise here is that the separation can be reversed whenever the two partners feel ready. There’s no need to provide justification when starting the procedure. It will be sufficient for the two spouses to claim that they’ve managed to reconciliate and that they’d like to get back together.
How can Legal Separation be Reversed in Arizona
So, how can legal separation be reversed? Both partners have to agree on their desire to reverse the legal separation for the procedure to be triggered. The document required to get started is a Draft Motion to Vacate Order of Legal Separation. This motion is signed by both partners and filed. Some people decide to go through the process on their own but for the sake of speeding things up, it may be best to consult a family law attorney.
In the motion, the two partners have to express their desire to no longer be legally separated. The motion should also suggest that the spouses have reconciled over the time during which they weren’t together.
Upon the completion of this document, another one will be required. The second document is the Order to Vacate Order of Legal Separation. This is the document that a judge will eventually sign for the purpose of reversing the separation.
The motion and order are filed with a clerk at the respective Arizona family court. The court where the legal separation was filed will have to be used. Including a copy of the original legal separation order is needed to file the entire package and to ensure the quick processing of the reversal request.
What to do if You’ve Already been Granted a Divorce?
For some people, getting a divorce is the next logical step after being legally separated. If this is the case, the only option for getting back together would be a remarriage.
There’s one exception. In Arizona, a spouse may appeal a divorce decree or undo parts of it within 30 days of the decision being made.
This is a messy and lengthy process. Most of the times, the request will be turned down. Still, an experienced attorney may be capable of undoing all parts or at least a portion of the divorce decree. Apart from an appeal, there may be a few other options that can be used for the purpose of “undoing” the divorce – motion for new trial, motion for reconsideration and motion from relief from judgment order. The final opportunity is usually a last resort option.
If you are not 100 percent confident in the finality of your marriage, getting a legal separation would be the smart thing to do. You’ll save yourself from a lot of heartache and administrative trouble this way. The best aspect of the separation is that it allows you to move in both directions – you can either get back together or finalize a divorce in the case of irreconcilable differences.