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Separating and Reconciling: What Happens Next?

By Michael B. Solomon

As matrimonial practitioners, the following scenario has confronted many of us: The parties enter into a separation agreement, duly executed and acknowledged, but do not proceed immediately to a divorce. After a futile attempt at reconciliation — during which the parties may have resumed a sexual relationship — an action is brought for a conversion divorce.

As a defense and counterclaim in that action, a claim is made that the parties reconciled, as evidenced by their post-separation conduct, and as a result of which the separation agreement is void ab initio.

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