Can the Final Divorce Decree be Reversed by Court?
A divorce is the last thing that couples can expect. When it happens and the court gives the final divorce decree, can it be reversed? Read on to learn more.
How much do you know about the final divorce decree?
Divorce is a learning experience for anyone who has to go through it. This can leave many people with unanswered questions. One question many people have is whether the final divorce decree can be reversed by the court.
What is a Final Divorce Decree?
If you go through a divorce, you already know that it can be a long and complicated process.
The final divorce decree is the last step in this process. In the final decree, there will be vital information regarding the court’s decision.
A divorce certificate is different from a divorce decree. A divorce certificate exists for the purpose of record-keeping and is issued by the state. A divorce decree, on the other hand, is an enforceable court order that both parties must follow.
When the Final Divorce Decree is Given
Divorce cases can take a long time. This final decision is often a relief for the parties involved.
The final decree is given after the divorce trial or after a settlement is agreed upon and submitted to the court.
This looks different depending on whether there was a trial or a settlement.
In the case of a trial, the judge considers testimony given and evidence presented. The judge decides things like child support and custody, property division, and alimony.
In the divorce decree, those decisions are finalized. This is a legally binding court order that covers what the relationship between the ex-spouses looks like moving forward.
In a settlement, the written settlement is sent to the court. It can also be spoken aloud to the courtroom record.
The judge reviews the agreement to decide if it’s fair and legal. If it is, the court issues a decree that covers the terms. This decree is a legally binding court order on both parties.
When a Divorce Becomes Final
The divorce is not final until the day the decree is signed by the court. Most of the time, you receive the decree shortly after it’s signed. It’s first mailed to your attorney and forwarded to you from there.
The divorce is legal and final when the decree is signed. Only then is the marriage legally terminated.
Can Divorce Decrees be Undone?
There are some cases in which a final divorce decree can be reversed, but this depends on the specifics.
Most of the time, the final divorce decree is just that: final. Typically, one or both parties want the divorce to stay final, so it wouldn’t be fair if the divorce could easily be undone.
However, there are occasional reasons why someone might want to reverse the final decision.
Reasons to Reverse a Decree
The reasons people may want to change the final decree include reconciliation, in which both individuals decide they don’t want the divorce after all.
More often, one or both of the parties want the decision reversed because they decide they don’t like the trial judgment. Or one person may decide the settlement terms aren’t fair.
When a Divorce Decree Reversal Can Work
Many times, getting a final divorce decree reversed isn’t possible, even if both parties want it to happen.
In New Hampshire, a couple decided they had changed their minds about the divorce. Thomas McCarron and Terrie Harmon were married 24 years before getting a divorce. When they decided to resume the marriage, they asked the court to reverse the decree. But the court ruled a reversal wasn’t possible.
In some states a final divorce decree can be reversed so long as both parties request it and are within the correct time frame. Those states include Arkansas, Illinois, Kentucky, Maryland, Mississippi and Nebraska. Other states, like New Hampshire where McCarron and Harmon lived, say they have no authority to undo divorce decrees.
But even in states like New Hampshire, there are exceptions. The reasons to reverse a divorce decree include mistake, misfortune, accident or fraud. A couple who simply want to undo the decree doesn’t fall under those categories.
Divorce Decree Modifications
The chances to make modifications to the final decree are greater than getting it reversed altogether. Again, the circumstances have to be right.
Some things are always final, like property division. But other things, like decisions related to children, can often be modified.
In divorce settlements, couples sometimes leave certain things open to future modification. Health insurance and spousal or child support are reasons for later modifications if circumstances change.
A modification can be submitted to the court in writing. If it’s unclear whether both parties agree to the modification, a hearing may be held.
The modification agreement must also be signed by a judge. After that, it becomes a legally binding court order that both parties must follow.
Need to Reverse a Final Divorce Decree?
Do you hope to reverse or modify a divorce decree?
These situations can be legally complicated and emotionally challenging. You’ll have an easier and more successful case if you have an experienced lawyer on your side.
No matter what stage you’re at in the divorce process, contact us to find out how we can help.
I’m divorced as if July 10, 2018 I regret I filed can I reverse the divorce
If your final hearing was July 10, 2018, the divorce order would have been considered final as of 30 days later. As far as reversing the divorce because of regrets, as long as you and your ex share the same feelings, you can always remarry. As far as I am aware, however, there is no way to undo a divorce, especially after the 30 day period has gone by.
What is the required time frame for reversal of decree? Divorce was a settlement and I appeared in court on 31 July 2018 but neither of us ave received anything in writing as at 26 September 2018.
If you had your final hearing on July 31, 2018 (in Nebraska), you would have had 30 days to file an appeal and after that 30 day period, the decree is considered a final order. I would reach out to the district court clerk for the county in which your divorce occurred to see if they can provide you with a copy of your final pleadings.
In the divorce decree I allowed him to have the house and property which was purchased with my inheritance and I have paid all 5he bills. I never moved out because he got sick and needed help the divorce was 3 years ago in the last year he has been abusive and now wants me out. He only made payments on the house for 3 years. He cannot afford to keep up the house which is now paid for. I want my house and property back. Is there any chance to reverse it can I refile since we have lived in the house together for the last 3 years
Dorothy,
At this point, reversing the decree is likely not an option; however, you can file a complaint to modify the decree and put forward your reasons to modify (i.e., your payments, his ability to pay, etc.) and possibly get the home and equity that way. Otherwise, you would have to sue him under a different cause of relief which would likely be under Tort law.
What about Mississippi? We want to reconcile but the divorce was final on July 9th 2018.
Mason,
We don’t practice in Mississippi so I can’t tell you for sure. I would check with a family law attorney in your state and see if too much time has passed. If you were in Nebraska, we wouldn’t be able to do much at this point but that may not be true in Mississippi.
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We live in Texas. Our final decree was signed by judge & we were in court December 3rd, 2018. Last week. Can it be reversed?
Stormy,
No one at our office is licensed to practice in Texas, however, I would think there would be something the two of you could do if you decided to reconcile and want to vacate the decree prior to expiration of the appeals period. You should check with a Texas family law attorney as I bet they would have an answer for you right away.
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Our prove-up was October 25th, the 28 day order was November 22nd. I submitted all necessary documents regarding 401k and transcripts. Why am I receiving another 28 day order to appear?
Vanessa,
Typically, the decree is entered the same day or shortly after once a prove up is held. The only reason this may not have happened is if the parties were still working on the decree and just wanted to get the agreements on the record. If you want, please give us a call and I am sure we can figure out what is missing and why the court is still asking you to appear.