If my wife and I have an existing legal separation order in place but have reconciled, how do we vacate or expunge the current legal separation order?

It’s been in place for 3 years.

Asked on November 17, 2015 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a request for dismissal which is a court form.  On the form, you can check the appropriate boxes; whether you want to dismiss the entire case or only specific causes of action (claims).  You will need to indicate whether the dismissal is with prejudice or without prejudice. 
If the dismissal is with prejudice, that means the case cannot be reintstated in the future.
If the dismissal is without prejudice, that means the case can be reinstated in the future.
Both you and your wife sign the request for dismissal and file it with the court.  Include an extra copy with a self addressed stamped envelope to receive a conformed copy (court stamped copy) for your records.

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