Are we still legally married after living together again post-separation?

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:

A couple remains legally married even if they are separated. Signing a separation agreement does not end the marriage; it only outlines terms for separation. If you resumed living together, this can impact grounds for divorce, as it may indicate reconciliation. A divorce is only finalized when a judge issues a divorce decree. Your attorney's note about the separation agreement expiring after six months means it may no longer be enforceable after that period, but it does not affect your marital status.

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.