Reverse finalized divorce decree

My husband and I finalized our divorce about a week ago and have since decided to try to reconcile. Is there any way we could request the judge to reverse the divorce or would we have to get married again? We live in Harris County (Houston, TX.)

Houston, TX -

Attorney Answers (3)

William Tyler Moore Jr

William Tyler Moore Jr

Divorce / Separation Lawyer - Houston, TX
Answered

There are two ways to do that: file a Joint Motion for New Trial within 30 days of court's entry of decree. Get it set for hearing. Both of you appear, ask the court to grant the new trial. As soon as the court grants it, ask the court to dismiss the case. OR apply for a marriage license and remarry. Your choice.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
Holly A Schymik

Holly A Schymik

Family Law Attorney - Dallas, TX
Answered

I agree with the prior answer. I would add one thing, there are different legal implications if you ask for a motion for new trial and then dismiss the divorce action vs. if you remarry. If you remarry and later divorce, the property division set forth in your decree of divorce would dictate what property is separate and what is community. If you move for a new trial and then dismiss the case, the provisions decree of divorce regarding the property division would be void.

Bruce Campbell Zivley

Bruce Campbell Zivley

Family Law Attorney - Houston, TX
Answered

Both of the prior responses were right on point. The larger consideration is whether the community estate that was divided in the decree becomes each party's separate property in the new marriage or whether you are successful in dismissing the prior divorce that was entered and having the community estate restored to the position as existed when the original divorce petition was filed. I have attached a link to my website in the eveny that you want to discuss the matter further.

All answers provided through Avvo are intended to assist in answering simple legal questions and should never be... more

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