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If a couple have a legal separation, and then decide they no longer want to be apart from each other, do they need to remarry? Or what do they need to do to be considered married filing jointly/legally married?
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It would be best to remarry.? That will avoid any issues with the IRS.
Answered on Feb 07th, 2013 at 2:48 AM
With a legal separation the parties are still "legally" married. If they wish to have the legal separation judgment vacated, a request for orders should be filed with the court to to so. You might need a lawyer in your community to help you with this.
Answered on Jan 30th, 2013 at 8:45 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If they are legally separated they can file married filing jointly. They can probably do a stipulation to set aside the legal separation and get a judge to sign off on it. That way they are restored to what they were before but the property is divided. See an Attorney to review the order and draft the stipulation.
Answered on Jan 30th, 2013 at 7:17 PM