Considering Reconciling After A Divorce? What Happens?

Goodman Law Firm discusses what happens when you are considering reconciling after a divorce.
  • Mar 13 2019

Matters of the heart are complex to say the very least. Couples may be on the verge of separating before they work out their differences and issues todecide to stay together. In some cases, a couple may spend years living separate lives, but not go through the steps of legally ending the marriage. Other couples may rush to divorce and then change their minds after the divorce is complete. If you consider reconciling after a divorce, you may want to discuss the ramifications with an Illinois divorce attorney. There could be several consequences that could impact your future if the relationship should end again.

Second Thoughts After Filing a Divorce Action

It is not uncommon for a couple to have second thoughts about ending the marriage after the divorce action begins. When a couple decides they may want to reconcile before the divorce is finalized, they may be able to use the reconciliation calendar to place their divorce action on hold.

Most counties in Illinois have a reconciliation calendar for divorce cases. A couple who wants to try to work out their marriage can request that the judge place the divorce action on hold while the parties attempt reconciliation. This option can be very helpful for parties who want to seek marriage counseling or mediation to work out their differences.

If the parties are unable to reconcile, the divorce case can move back to the active court docket. This option is typically better than dismissing the divorce action just in case the couple does not work out their differences, and one of the spouses insists on proceeding with the divorce.

Reconciling After a Divorce is Final

Once a judge enters a final divorce decree, the marital union is legally terminated. The parties are free to continue with their lives without interference from their ex-spouse. They may date or marry whomever they desire, including each other.

It may be rare, but some couples reconnect several years after a divorce and decide to remarry. However, their new marriage does not invalidate the terms of the original divorce decree. Spousal support payments cease when the couple remarries. If the marriage ends in another divorce, the issue of spousal support would be determined based on the current circumstances and facts. A judge could consider the length of the second marriage instead of the length of the entire relationship when awarding spousal support. Therefore, the spouse receiving support could receive much less in support payments after the second divorce.  On the other hand, spousal support payments could increase depending on the new circumstances.

Another issue to consider is the property division terms in the divorce decree. The property division would remain the same in the event the parties remarry. The property granted to each spouse in the divorce would be considered separate property and would remain separate property unless it was converted into a marital asset during the second marriage.

Consult an Illinois Divorce Attorney Before Taking Any Action

An Illinois divorce attorney can provide guidance and legal counsel if you are unsure whether you want to proceed with a divorce action or if you are contemplating a reconciliation after a divorce.  Contact the Illinois divorce attorneys at the Goodman Law Firm to discuss your legal options. You may want to discuss a prenuptial agreement with your attorney before remarrying an ex-spouse just in case you find yourself back in court seeking a second divorce from the same person.

Posted in: Divorce