Are We Able to Withdraw Our Legal Separation if We Choose?

legal separationYou’ve decided to go through the process of a legal separation with your spouse instead of going through a divorce, which you believe is more permanent and doesn’t offer you the same benefits as you try to figure out where you and your spouse are going to turn next. The thing that you need to know about legal separation is that it is not always a permanent death sentence to your marriage, which means that there is the chance that you might reconcile in the future if you so choose. This is why you might wonder if you are able to cancel the separation agreement if you have gone through a separation and you and your spouse decided that it was not right for you.

Separation Is Not Permanent 

One thing that you should know is that legal separation never has to be permanent. One of the aspects that makes two spouses fear for the outcome of their separation is that, when a separation agreement is laid in front of you, it might look a lot like a divorce agreement to you, which gives you a bad idea. You might make some of the same determinations, such as how you will divide assets or who is responsible for paying child or spousal support. This agreement is not a permanent one. If you choose to get back together, this means that you will be able to withdraw your agreement and return to the life that you had before with your spouse.

The separation agreement is only effective if both parties decide that they are going to enforce it. When you make the decision to live together once again, you are considered not to be legally separated. You might find that going through a legal separation actually saves you money in the long run, and you might be happy with the results when you and your spouse get back together.

A legal separation might work for you and your spouse during this desperate time because you might have realized that you just need some time apart while you discuss certain matters and get back on good terms. At the Montes Law Firm, we want to help if you are considering legal separation but you are not sure if it is right for you or not. Call us for more information on how we can help you at this time.