You have been contemplating remarriage since your divorce concluded, or since you have entered the final stages of the divorce process. Whether you are considering remarrying a former spouse or a new partner, there are aspects concerning the conditions of your divorce decree that need reviewing. Sometimes, remarriage significantly impacts your situation regarding your divorce contract.
When Can You Remarry?
In the state of Missouri, when you have received the final judgment with the judge’s signature on it, your divorce is final. The final judgment is then filed with the court clerk. However, the court still retains jurisdiction in your divorce for 30 days after the signing and filing of the final judgment. If there is a reason that you or your soon-to-be former spouse want to reconsider finalizing your divorce, for example, there is a problem with spousal or child support, or you and your spouse are thinking about staying married, you can consider the motion to set aside the judgment.
A Motion To Set Aside Judgment will stop the divorce process because it is an appeal that allows either you or your spouse to question conditions of the divorce decree. This appeal permits reviewing of the case when one or both of the parties request a formal change or clarification of the official decision in the divorce. If granted, the divorce judgment ceases and will remain on hold until the reason for the appeal concludes. Completing the appeal continues the divorce process. If an appeal occurs during your divorce after the judge signs the final judgment, remarriage cannot take place with a new partner until after concluding the appeal, and the 30-day jurisdiction of the court is no longer effectual. To avoid complications for marrying a new partner after the judge signs the final judgment, consider waiting until the 30-day period of court jurisdiction has passed. Once the 30-day jurisdiction lapses after filing, it is clear for you to remarry.
Why Would Someone Want To Re-marry A Former Spouse?
It does happen that former spouses decide to re-marry each other. A lot of times, spouses forget why they divorced in the first place because they acted impulsively and did not think things through. It takes time for spouses to realize they reacted hastily and made a mistake by divorcing.
There are other reasons why former spouses decide to re-marry, for instance:
– They took their spouses for granted, and after some time has passed, they realized that their spouse’s positive attributes outweighed their negative traits. In volatile situations, spouses focus too much on the negative aspects and not enough on the positive ones. With the passing of time and the adding of objectivity, spouses come to appreciate their spouse’s pleasing qualities. Also, with the passing of time comes forgiveness which allows spouses to see each other in a more accurate, favorable light.
– They share children. When spouses have children in common, they unite for the sake of their children, sometimes to celebrate their children’s achievements or to deal with illness or some other detrimental situation. Spouses appreciate each other’s support, dependability, and strength, which makes them recognize that they miss having those qualities around them.
– The familiarity offered by each of the spouses is an attractive quality because everything is comfortably anticipated. With familiarity, there is no fear of the unknown or unpredictability. Spouses are familiar with habits, quirks, preferences, and routines. With routine, which is a part of familiarity, spouses feel secure and stable.
Implications Of Remarrying a Former Spouse or a New Partner
When remarrying a former spouse, things to consider are:
- If you are receiving spousal support from this former spouse or a prior spouse, that financial support will end after you remarry your former spouse.
- If you are paying spousal support to the spouse you plan to remarry; you will no longer have to pay it.
- If you are paying spousal support to another spouse, that you are not remarrying, you will need to continue paying it for the specified amount of time stated in the divorce decree or until they remarry.
- If you are remarrying a prior spouse that you have children with, the child support payments will end.
- If you have children but not with the former spouse you intend to remarry, and you are receiving child support from the other spouse, you will continue receiving that child support stipulated in your divorce decree.
When remarrying a new partner, things to consider are:
- If you receive spousal support payments from a previous spouse then that financial support will end after you remarry your new partner.
- If you are paying spousal support to a former spouse at the time of remarriage to a new partner, you need to continue paying it until remarriage occurs for that former spouse or when the divorce decree stipulates that it ends.
- If you are receiving child support from a previous spouse, you need to continue receiving it as specified in the divorce decree.
- If you are paying child support to a previous spouse, you need to continue paying it as specified in the divorce decree.
Remarriage is sometimes a complicated subject depending on the conditions of your divorce decree. To get a better understanding of the divorce process, please schedule a free consultation with the attorneys at Hais, Hais & Goldberger or visit our web page. We are there to help you through the difficulties of divorce.