Apparently, un-divorcing is a new trend. I had no idea. In 2009, I wrote the http://www.divorcesaloon.com/2009/08/03/guess-who-wants-to-un-divorce-billy-joel/word in reference to Billy Joel who, at the time was divorcing his young, beautiful wife. I am not sure that I had heard the word before that but now, it seems to be a trend.
There are myriad reasons that a couple may wish to get un-divorced. Love is not the only thing and sometimes love has nothing to do with it at all. A lot of times, the driving factor is financial. There could be tax ramifications, for example, that makes divorcing not an attractive option, or put another way, that makes staying married (at least for a while) a more attractive option than divorcing. Sometimes it is a timing issue. The couple wishes to separate and do, perhaps they even go so far as to divorce, but then they realize they have made a boo boo timing wise. And so they want to vacate the judgement of divorce.
But it could be for love, actually. The couple could just come to a stunning realization that the last thing they want is to divorce each other.
It could also be because of the children of their union.
So this inspired me to write this post on how to actually un-divorce.
1. First, agree with your spouse that you want the judgment of divorce vacated and you want to stay married – for whatever reason.
2. Contact your attorneys and let them know you want them to do a motion or order to show case to vacate the judgment of divorce.
3. Prepare an argument for the court. Remember that it is very difficult to just go in and ask a court to vacate a divorce judgment. The court needs closure and does not function according to the whim of parties in an action. There are rules that have to be followed and regulations and norms. It is not the norm to un-divorce. But if you can show fraud, mutual mistake, lack of jurisdiction of the court, lack of capacity of one of the parties when the divorce papers were signed, coercion, newly discovered evidence, you may be able to get the judgment stricken.
4. Be a united front to convince the judge that the divorce was a mistake and that it should be stricken.
5. If all else fails, just go back to the county clerk and get remarried! That will fix the problem right away.