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My husband and I got legally separated a year ago, but have since reconciled. Now we are trying to refinance our home, but because they awarded me alimony they don’t want to finalize the loan. They told him we have to annul the separation. How do we go about that, when we want to finish the loan process like now?
10 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You're asking a Washington attorney your question; ask an attorney in your state.
Answered on May 23rd, 2013 at 10:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney and file in order to dismiss the separation with the court that granted.
Answered on May 23rd, 2013 at 10:27 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You file an agreed entry in the legal separation case terminating the alimony and the separation agreement, stating you are not living together again.
Answered on Dec 17th, 2012 at 4:16 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can draft up and agreement stopping the alimony and get it court ordered.
Answered on Dec 14th, 2012 at 11:13 PM
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
A legal separation does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons. In a legal separation case, you can ask the Judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, or any other orders you can get with a divorce case. And that is all you have done. There is no process to annul a separation. You are still married. You should ask the lender to use common sense. Show proof of living together.
Answered on Dec 14th, 2012 at 10:59 PM
Family Law Attorney serving Los Angeles, CA
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Hammers & Baltazar, LLP
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Do a stipulation to modify the judgment removing the spousal support provision.
Answered on Dec 14th, 2012 at 3:51 PM
Adoption Attorney serving Fort Walton Beach, FL
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Rubin Law Firm
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There is no such thing as a legal separation in the State of Florida. If you had a legal separation in another State it would have to be dealt with in that State.
Answered on Dec 14th, 2012 at 3:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on how you achieved the separation. If so, you will have to go back to court and have the matter dismissed. Make sure that the order of dismissal states that alimony no longer has to be paid. If you filed a document with the county recorder, then you will have to file a new document with the recorder stating that the separation agreement is no longer effective.
Answered on Dec 14th, 2012 at 3:50 PM
What you have to do is file a request for dismissal of the court case. Because it is holiday season, it won't happen instantly. Have a paralegal help you with the dismissal paper work.
Answered on Dec 14th, 2012 at 2:36 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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You have to prepare and have the court sign a Stipulation and Order Vacating Decree of Legal Separation. Banks rarely will approve loans to parties who are legally separated.
Answered on Dec 14th, 2012 at 2:36 PM