Legal Separation
/In California, once a legal separation is finalized, it does not automatically restore the marital status if you later decide to reconcile. The legal separation remains in effect unless formally changed. Here’s a brief overview of your options:
Joint Request for Restoration: A joint Request for Order (RFO) to restore the marriage status might seem like a viable option, but there is no specific legal authority or precedent in California allowing a court to "restore" a marriage status after a legal separation in the way described. The typical legal process requires a divorce or dissolution of the separation and then a new marriage to restore marital status.
Post-Nuptial Agreement: Executing a post-nuptial agreement that retroactively addresses the economic features of the marriage is a practical approach to address financial and property issues from the separation period. While this agreement can restore economic aspects, it does not alter the legal status of the marriage or change the separation status in the eyes of the law.
Restoration of Marital Incidents: If the goal is to restore certain benefits or aspects associated with marriage, such as financial or inheritance rights, a post-nuptial agreement may be useful. However, this agreement does not equate to legally restoring the marriage status for all purposes, such as tax or legal status.
Remarriage: The most straightforward legal method to fully restore marital status is to go through a divorce and then remarry. This process officially terminates the separation and re-establishes the marriage.