If we signed a legal separation but have moved back in together is the separation void?

Full question:

We have been married for 5 years. Last year we went to a lawyer’s office to make a separation contract. We signed it March of 2006. However two months later, we came back and began living together again. Are we still legally married? Our attorney said that the separation agreement will expire after six months.

  • Category: Divorce
  • Subcategory: Separation Agreements
  • Date:
  • State: Virginia

Answer:

If the parties agree to be divorced, they must first have a written separation agreement that makes adequate and sufficient provisions in writing for the custody and support of the minor children of the marriage and makes a fair and equitable division of their property. However, a couple is still married even though separated. Renewing physical relations destroys the grounds for divorce. A divorce is only final when a judge grants a divorce decree.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A legal separation can be voided by reconciliation, which occurs when both spouses decide to resume their marital relationship and live together again. Additionally, if one spouse files for divorce, the separation agreement may become irrelevant. It's important to note that a legal separation does not end the marriage; it simply outlines the terms of living apart. Always consult with an attorney for specific legal advice regarding your situation.