How to Cancel a Legal Separation

Legal separation usually means a dissolution of the marriage
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A legal separation is a court order that is similar to a divorce. Assets are divided and child custody is decided. A judge will also rule on child and spousal support. A legal separation is often a "trial divorce" where a couple decides to separate for a period of time to see if they can work out the problems in their marriage or to see if they should file a divorce. Once a legal separation has been granted by the court system, you may still petition the court to have the motion of separation terminated.

Visit your local Clerk of Court office and ask for a "motion to dismiss". You may also hire an attorney or use your divorce attorney to help you file the correct documents.

Fill out the motion to dismiss form. Both you and your spouse will need to sign the papers. You will need to include the file number from your separation. You will also need to provide a reason why you are filing the motion.

Read More: Marital Status: Difference Between Separated & Divorced

File the motion with the Clerk of Court. You will be given a hearing date for you and your spouse to attend.

Attend the hearing. If both you and your spouse have signed the motion the court will rule to cancel the legal separation.

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