Can my divorce be reversed?

| Jan 11, 2016 | Divorce |

If there’s one thing that’s certain about both life and love it’s that things change. So just like couples who once loved each other often grow apart over time, it is also possible for couples to fall back in love after a divorce.

So what can a divorced couple do if they decide that they want to be married again? Can they ask the court to vacate their divorce order? In many states, the answer to the latter question is no. Many courts will not vacate a divorce if the couple reconciles. So, getting remarried may be the only option. 

A recent state Supreme Court case in New Hampshire addressed this exact issue. The state’s highest court ruled that while courts in that state have the ability to order divorces, they do not have the ability to reverse the orders.

One main reason for this, the court reasoned, is that people need to have the peace of mind knowing that their divorce is final so that they can move on with their lives.

The Associated Press covered the case and reported that some states do allow couples to reverse their divorce orders so long as certain circumstances are met. These states include Illinois, Nebraska, Mississippi, Arkansas, Maryland and Kentucky.

Courts in other states, including New York and South Dakota, have ruled that they do not have the authority to do so, just like in New Hampshire.

Of course, it is still possible for divorce cases to be reopened if fraud or mistakes took place during the divorce process. Additionally, it is possible to ask for post-divorce modifications to be made in order to address significant changes that occur over time.

To find out more about the durability of your divorce order, it’s important to talk to an attorney in your area who is familiar with your state’s laws.

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