What If We Decide to Reconcile?

 Posted on September 06, 2017 in Divorce

Sometimes, a crisis in a marriage can be averted. It is not unheard of for a couple that has decided to divorce to discuss their issues and come to a collective decision to try again. While this most often happens while the divorce is still in process, it does happen—in extremely rare circumstances—that some couples remarry after divorce. While there are little to no statistics available on how often this succeeds, it is still something to be aware of, as things cannot simply go back to the way they were.

Before Divorce Is Final

If you and your spouse determine that you intend to give your marriage another try while your divorce is still pending, there are very few legal options you need to exercise. Divorce proceedings are, essentially, prolonged negotiations - nothing is set in stone until the final decree is signed by a judge. While filing fees and attorneys’ costs may be non-refundable, bulk of the work to be done if you reconcile before your divorce is final will primarily be emotional.

Illinois does have one small feature in its divorce law that you may want to keep in mind, however. If you and your spouse are in the middle of proceedings when you decide that you want to attempt reconciliation, your divorce case will not be dismissed (except in rare circumstances) without placing it on what is referred to as the “reconciliation calendar” first. This is a docket where all the cases on it are divorce cases that are temporarily suspended, allowing couples to attempt to work out their problems. If things succeed, your case is dismissed. If you fail in your attempts to reconcile, the case will be placed back on the active docket and progress from there.

After Divorce Is Final

The situation becomes significantly more complex if you are one of the rare couples who decides to remarry their ex-spouse after a divorce is deemed final. There are a number of provisions in your divorce decree that are not invalidated simply because you choose to no longer be divorced. Chief among them is the disposition of assets. The property that you and your spouse received as the result of your divorce is belongs to each of you separately. If you remarry, such assets are considered to have been acquired before the marriage, meaning that you will have no legal claim to any assets allocated to your spouse in the original divorce.

Another question is maintenance or spousal support. If it is ordered by the court during your divorce, it will simply end when you remarry - but, if you happen to divorce a second time, it is the length of that second marriage that the court will likely take into account when assessing the issue of maintenance in your second divorce. Thus, if your first marriage lasted fifteen years and your second lasts only five, it is the five-year period that will control how much maintenance to which you are entitled.

A Good Divorce Attorney Can Help

Matters of the heart can be confusing at the best of times. If you need help in navigating a divorce or a reconciliation, contact an experienced DuPage County divorce attorney for guidance. Contact us today to set up a free initial appointment.

Sources:

http://www.cookcountycourt.org/Manage/RulesoftheCourt/ReadRule/tabid/73/ArticleId/38/13-2-General-Organization-of-the-Domestic-Relations-Division.aspx

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K4-7