Carton & Rosoff PC-Attorney at Law

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Neighboring Supreme Court rules: You can't un-divorce

We all know that some marriages do not last forever. Some divorcees believe that this could be true of their divorce. A recent New Hampshire Supreme Court rules that a recently divorced couple cannot un-divorce. The couple was seeking something of an 'annulment' of their divorce when they decided to get back together.

Unfortunately, the judge refused to vacate the divorce standing on a lower court ruling that was appealed prior to the case reaching the Supreme Court. The law allows for divorces to be set aside for reasons of fraud, accident, mistake or misfortune but not for reasons of partner reconcile. Why didn't the couple just re-marry you ask?

It seems the recently divorced couple had many reasons seeking to vacate of their high asset divorce including a family business and a child custody arrangement. It would have been faster and more convenient to reinstate. However, the judge said the ruling of the couple's divorce was final. Most couples these days do not find themselves second-guessing their divorce decree, but all couple's should be absolutely positive divorce is the right decision for them before finalizing the process.

The law in the state of New York is similar to the recent New Hampshire ruling. Once divorce is completed, it is most often final lest a few particular circumstances. Of course vacating a divorce in New York may be possible in those select scenarios. For the rest of New York couples, be positive about your decision to divorce before the divorce is final.

Source:, "Couple can't un-divorce after changing their minds, New Hampshire court rules," Dec. 26, 2015

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