Most of the time, divorce tends to be final. Couples go their separate ways and continue their lives apart from one another. But there are times when couples reconcile and decide they want to be married, once again, to their former spouses. Fortunately, Mississippi offers a relatively simple solution when this occurs.
Revocation of divorce
Mississippi Code Section 93-5-31 allows a couple who were previously divorced to turn back the clock. At the time of the divorce, the court entered its final judgement, setting the terms of the divorce and making the separation legal and permanent. Under the right circumstances, however, the court can also revoke that final divorce order and return the couple to a state of marriage.
There are some requirements which must be met in order to revoke a divorce but they are not complicated. Both former spouses must apply for the revocation, and only the court which issued the previous divorce order can also issue the revocation order. Ultimately, that court has discretion as to whether or not to revoke the divorce but, so long as the couple can show the court that they have reconciled, the court can simply undo the divorce.
Beyond the simplicity of the process, the law also has the advantage of no time limit on the revocation. Whether the couple has been divorced for a year, a decade or even longer is irrelevant to the court’s determination. The fact of reconciliation is the deciding factor, not when that reconciliation occurred. While family law issues can often be complex and filled with negative emotions, this statute, at least, is simple and positive.