As most Arizona spouses move through their divorce cases, very few give any serious consideration to reconciling with their partners. In reality, however, a number of couples do eventually get back together, and many will remarry. An unusual case recently went before one state’s Supreme Court when a couple asked that its divorce be overturned.
The spouses were married for 24 years prior to filing for divorce in 2014. Just six months later, the process was complete, leaving the man and woman legally divorced. Shortly afterward, they approached the court once again, this time requesting that their divorce decree be vacated. The lower court refused, and the matter went to an appellate court.
At the appellate level, the state’s Supreme Court agreed with the prior ruling. The justices felt that the law does not permit reversal of divorce unless certain circumstances are present. Examples would be a divorce that was the result of fraud or misfortune or that was an accident. Simply wanting to turn back the clock and “undo” the legal end of a marriage is not enough for the courts to make such a change.
Some couples will go through divorce and later reconcile. However, unless there are laws in place that allow such a move, the only option available to those couples is to remarry. In the case mentioned above, the parties had business interests that would have been better addressed by a reversed divorce than a new marriage. Anyone in Arizona who is concerned about the matter should review that area of divorce law before moving forward.
Source: lawyerherald.com, “New Hampshire Court turns down couple’s divorce vacation request“, Dec. 30, 2015