If you and your spouseare legally separated but a few years after move back in together, is the legal separation still binding?

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If you and your spouseare legally separated but a few years after move back in together, is the legal separation still binding?

Asked on September 29, 2011 under Family Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I guess it really would depend on the agreement made.  When you say "legally separated" does that mean by agreement between the two of you?  I have seen many an agreement that provides for this situation and states specifically that co-habitation between you and you spouse will not void the agreement.  If it is by legal separation through the courts then local case law will provide the answer to your question.  I would consult with an attorney in your area on the matter.  I am assuming here that either you have decided to give it a try again and if your agreement in silent to the issue consider an addendum - if permissible - stating that the agreement remains in effect.  But good luck with it. 


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