What To Know About Getting Back Together After Divorce
Most couples who have made the tough decision of getting a divorce are most likely to not get back together or give their marriage another shot. However, for a few couples, they might realize post-divorce that they have in fact made a huge mistake and want to give their relationship another chance. Couples who would like to give their marriage another shot must realize that there will be a lot of hard work involved as well as therapy and marriage or relationship counseling. The couple will have to work out their issues amicably and forgive one another and forget the past in order to move on.
Legal proceedings to be followed if the couple are unsure about getting divorced
It’s always great new when a couple who has divorced wants to reconcile and get back together however as per the law there are certain legal proceedings that will have to be followed as per the norms. That is if the court has already granted or passed a divorce decree in favor of the parties.
If the couple are mutually interested in trying to work things out they will have to enter into a written agreement with each other stating that they are interested in putting their divorce case and all other hearings, orders, and other legal proceedings on hold for the time being till they figure out where they stand in their relationship. In this case, the court will put all divorce proceedings on hold and stop all temporary legal proceedings in order for the couple to work out their issues. All personal hearings will be pushed if the court is satisfied that the couple is genuinely interested in working things out and are not trying to resort to malicious activities or malpractice.
If the couple definitely does not want to get a divorce
However, if the couple is a 100% sure that they do not want to get divorced and in fact want to get back together again they can apply to the court to dismiss their divorce proceedings entirely without any prejudice. This means that the current divorce case would be canceled altogether and they can always file for another divorce at a later stage if the reconciliation was a failure.
If a second divorce is filed later on the date of separation would be the date of filing the second or latest divorce and would not be retrospective. Therefore, the division of assets and liabilities, alimony payments, child support conditions, etc. would be calculated as on the second date of separation.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
