Jump To Navigation

Contact our
Firm Today

Open Our Quick Contact Form

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


State Supreme Court rules on overturning divorce

The decision to end a marriage is never an easy one to make. That said, most people in Texas who choose to go through the legal process of divorce are happy with the outcome and eager to move on with their lives. In rare cases, these spouses will reunite and decide to once again make vows to one another. While remarriage between divorced spouses is rare, approaching a court to ask that the marriage be "undone" is even less common.

One state's Supreme Court recently addressed the matter after a couple sought to have their divorce overturned. The couple were married for 24 years, and filed for divorce in early 2014. Six months later, their divorce was finalized. Less than a year later, the couple reunited and asked the court to vacate the divorce, which would serve to reestablish their status as a married couple. Their request was denied by the lower court, leading the couple to appeal.

In some states, courts will consider such requests, but only if certain conditions are met. Often, the divorce must have been filed accidentally, as an act of fraud or by mistake. Each state has a different take on the matter, and the Supreme Court in the state where this couple resides ruled that none of those conditions were a factor in the case.

An attorney for the state issued a statement suggesting that part of the reason that the couple wanted to have their marriage reinstated was due to financial concerns, including business interests. Having the divorce "undone" would be far simpler than getting married a second time. The case serves as an interesting example of the complexities involved in divorce cases and suggests that Texas residents should be fully committed to ending their marriage before moving forward with a divorce filing.

Source: lawyerherald.com, "New Hampshire Court turns down couple's divorce vacation request", Dec. 30, 2015

No Comments

Leave a comment
Comment Information