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What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?
If the Judge does vacate the judgment, the case will be scheduled for a new trial on the original claims of the parties just as if the default judgment never happened.
If the legal separation has already been approved by the court, and both spouses wish to reconcile and revive the marriage without having to formally remarry, then a Motion to Vacate Decree of Legal Separation can be filled. Once the court approves same, it is as if the legal separation never occurred.
The person who wants the amendment must file a petition requesting a modification to the original decree. Then, they must serve a copy of the petition to their ex-spouse. The petitioner may also need to provide evidence of a significant change in the circumstances since the original decree was ordered.
Once six months have passed after entry of the legal separation decree, either spouse can file a request (a motion) to change it. The court must grant the motion. The rest of your legal separation orders, such as any parenting plan and child support order, will still be good (stay in effect).
Similar to divorce, legal separation requires you and your spouse to negotiate custody, visitation, spousal support, child support, and property division. Unlike a divorce, with a legal separation, you are still married and unable to remarry without an official divorce decree.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?
