After several years divorced, can a couple have the divorce set aside or must they re-marry?

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After several years divorced, can a couple have the divorce set aside or must they re-marry?

All property is jointly held, Wills have not been changed, bank accounts and loans are jointly owned, as well as credit cards.

Asked on October 25, 2010 under Family Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the couple were only separated, they could reverse or undo that. Of the divorce somehow was never finalized, they may be able to set it aside. However, if the divorce was made final, then they are no longer married--their marriage ended. They can't "set aside" the divorce any more and resume their marriage, since the marrigage no longer exists. The fact that they have joint property and bank accounts, credit cards, etc. doesn't mean any more legally in this context than it  would for two people who've never been married to acquire property jointly, etc.--though it will presumably make things easier and more streamlined if and when they do remarry. Remember: they don't need a wedding, just a civil service and certificate, which can be very quick and inexpensive to get.


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