Written by attorney William Matthew Thompson

How to Revoke a Judgment of Divorce in Mississippi; An UNDIVORCE

What are your options when you realize your marriage was a mistake? Divorce, separation, sticking it out- being miserbale...What are your options when you realize your divorce was a mistake? remarriage or an UNDIVORCE.

Mississipp law allows for parties, upon mutual consent, to Revoke a Judgment of Divorce. This mechanism is a creature of statute. Miss. Code Ann. 93-5-31- may be used to revoke a judgment of divorce. THis is not a remarriage but a wipingthe slate clean of divorce- once completed you have legally never been divorced.

The statute includes;

1) A judgment of divorce may be revoked at any time by the Court which granted it;

2) under such regulations as it may deem proper;

3) upon joint application of the parties; and

4) upon satsifactory proof of reconciliation. Id.

The process is quite simple;

1) Prepare a Joint Petition to Revoke Judgment of Divorce- have both parties sign

2) Prepare affidavits for each party to sign, averring reconcilliation

3) File the Petition and affidavits with the Court which granted the divorce

4) Prepare an Order of Revocation - revoking the Judgment of Divorce

5) Set an ex parte appointment with the assigned Chancellor, and present your Order

Pitfalls- Make sure your Chancellor knows in advance that this is possible under Mississippi law.

If the parties were divorced for some length of time - have them consult their CPA regarding tax consequences of Alimony. Also, Mississippi law is silent as to what happens if the parties married someone else in the interim...

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