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Court says “no” to reversing divorce

by | Jan 21, 2016 | Firm News |

Most Florida spouses who file for divorce do so with the intention of severing all ties with their soon-to-be ex. In many cases, this is exactly what will happen once the divorce is made final, and both parties will move forward toward new lives. In some cases, however, spouses who go through divorce reconnect, and some will even take their vows a second time. A recent case illustrates one couple’s journey from married to divorced and then to a courtroom as they attempt to have their divorce overturned.

The couple were married for 24 years before they decided to call it quits. They filed for divorce in 2014, but soon after their marriage was legally ended, the couple reconciled. They approached the court to ask that their divorce be vacated, which would essentially turn back the clock and make it as if their marriage had never been interrupted.

The court refused that request, which led the couple to appeal. Recently, the New Hampshire Supreme Court addressed the matter, and ruled to support the lower court’s position. The unanimous decision asserted that while a court is granted the authority to grant a divorce, there is no such authority given to undo those cases — at least in the circumstances presented in this case.

Florida spouses should be aware that the laws in each state vary as to whether a divorce can be vacated. In some jurisdictions, a divorce can be overturned if there are elements of fraud, mistake or misfortune. However, it is up to each court to determine what constitutes these conditions, and whether a divorce should remain final. This is why it is important to be sure that a marriage is completely over prior to filing for divorce.

Source: newsok.com, “Can a divorce be reversed? New Hampshire court says no”, Lois M. Collins, Jan. 12, 2016

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