Sometimes couples want a second chance. They married, things didn’t work out and divorce followed. For most people, that’s the end of the story. But for some, they may discover that time apart has rekindled what brought them to the marriage in the first place. They may want to reconcile with their former spouse and remarry them. Is it difficult? Do they have to get married a second time?
Fortunately, Mississippi has a simple answer for these questions – revoking the previous divorce. Whenever a couple divorces, the divorce is completed when a court issues its final order. The process itself can often be complicated but the court’s order is not, by comparison. Issues such as child support, alimony and property division are dealt with during the process itself. And once decisions are made on these issues, the judge includes them in their final order.
Revoking the divorce simply reverses the court’s final order, undoing the decisions made during the divorce process. In order to revoke a divorce, there are some steps a couple must take. First, both parties must file a request with the court jointly. They must also demonstrate, to the court’s satisfaction, that they have reconciled.
The court has broad discretion to judge the advisability of the revocation and to accept or discard evidence of reconciliation. It is up to the court to decide if the couple has provided sufficient evidence that reconciliation has taken place. There is also no time limit when it comes to revoking a divorce. Whether the couple has been divorced for one year or for 50 years, the law makes no distinction and the court can allow the revocation to proceed.