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Can you undo a divorce in Mississippi?

On Behalf of | Jan 27, 2025 | Divorce

Most divorces mark the end of a legal and romantic relationship. However, what happens when a couple decides they want to be married again? Can a divorce that has been granted be undone? In Mississippi, the law provides a straightforward way for former spouses to reconcile and legally restore their marriage.

The legal basis for revocation

Under Mississippi Code Section 93-5-31, a court can revoke its final divorce judgment if both parties make a formal request. Essentially, this law “turns back the clock” on the divorce, returning the couple to their pre-divorce marital status. The same court that granted the divorce is responsible for issuing the revocation order.

Simple requirements

Revoking a divorce in Mississippi involves minimal prerequisites. Both spouses must jointly apply, confirm that they have reconciled and confirm that they wish to remain married. Once the judge is convinced of their genuine intent, the court can revoke the divorce without extensive proceedings or hearings. While the court maintains discretion, there is no intricate process to prove reconciliation beyond showing the spouses agree.

No time constraints

One advantage of Mississippi’s statute is the absence of a deadline. Whether a couple has been divorced for 1 year, 10 years or even longer, the timing does not affect their ability to request a revocation. The only factor that truly matters is the couple’s desire to restore their marital bond. This open timeline allows couples who have rediscovered their compatibility to undo a final divorce even after many years have passed.

A positive turn in family law

Family law often involves emotionally difficult situations, but this provision shows that the legal system can also accommodate happier endings. Instead of having to go through a complete remarriage process, couples can simply nullify their prior divorce. In this way, Mississippi recognizes that people and relationships can evolve, and it offers a legal channel for those who realize they want to remain committed after all.