QUESTION
Is a divorce void if you live together after it’s been filed?
Asked on Jul 10th, 2014 on Divorce - Florida
More details to this question:
My wife filed for divorce and at least three months later we were living together for the period of five months. Does this void the divorce?
14 ANSWERS
Filing for a divorce does not constitute being granted a divorce. Thus, while separation is a necessary part of a divorce, your divorce was never actually put into effect. All the cohabitation will do is delay a divorce if that is still your desire.
Answered on Jul 15th, 2014 at 7:52 AM
First, you're not divorced by simply filing for divorce, and a divorce proceeding is not automatically void, it must be dismissed. So, the divorce is still in progress. If the two of you have reconciled, your wife could dismiss.
Answered on Jul 14th, 2014 at 3:51 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
It doesn't sound like a divorce was ever granted, only that it was filed. She can ask to have it stricken if you're back together. If neither one of you does anything about it, the court will eventually throw it out.
Answered on Jul 11th, 2014 at 4:57 PM
Arbitration Attorney serving Irvine, CA
at
Law Office of Linda K. Frieder
Update Your Profile
No. Assuming the divorce was never finalized, you must dismiss the petition for divorce. If the divorce was finalized, the divorce decree is still in effect.
Answered on Jul 11th, 2014 at 4:51 PM
Domestic Law Attorney serving Vista, CA
at
Ralph L. Williams
Update Your Profile
Not unless wife filed a dismissal of the Dissolution proceedings. If you were previously served with the Summons and Petition you must still file a Response alleging the second date of separation.
Answered on Jul 11th, 2014 at 4:36 PM
Living together after filing may change how the date of separation is calculated but will not make the action void. If you have questions concerning how your temporary reconciliation might affect the outcome in the dissolution you should consult a family law attorney.
Answered on Jul 11th, 2014 at 4:35 PM
Bruce Provda
No this does not void it.
Answered on Jul 11th, 2014 at 12:04 PM
Living together does not void a divorce. However, filing for divorce is not the same as actually being divorced. So based on your question it's hard to tell if you are actually divorced.
Answered on Jul 11th, 2014 at 8:50 AM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
That would not void the divorce.
Answered on Jul 11th, 2014 at 8:50 AM
Bankruptcy & Debt Attorney serving St. Augustine, FL
at
St. Johns Law Group
Update Your Profile
Not in Florida.
Answered on Jul 11th, 2014 at 8:06 AM
4 Awards
Absolutely not. Some people live together all the way through the process. Once your divorce is filed, you are not divorced until it is granted by the Court's Decree, so you have the same marital relationship as you did before it was filed (subject to any temporary orders). If you live together after a Decree is entered, it is the same as cohabiting before marriage - no rights and responsibilities of marriage apply. If you reconcile and choose to resume your relationship, you must file a Motion to Set Aside with the Court within the first 6 months after the Decree is entered. Otherwise, you must get remarried to resume a marital relationship.
Answered on Jul 11th, 2014 at 7:57 AM
No, I do not believe that living together for 5 months after filing for divorce voids the prior divorce filings.
Answered on Jul 11th, 2014 at 7:57 AM
Child Custody Attorney serving Raleigh, NC
at
Palmé Law Firm, P.A.
Update Your Profile
If a divorce judgment was entered, then no it does not void the divorce. If she filed a complaint for a divorce and then you and your wife reconciled and no one has gone to Court for the divorce hearing, then you were never divorced in the first place. The lawsuit is still active, but you now have a defense (reconciliation means you are no longer separated) and can prevent a divorce judgment from being entered if she tries to proceed.
Answered on Jul 11th, 2014 at 7:53 AM
2 Awards
No. There is no requirement that you separate or live apart in order to file for divorce.
Answered on Jul 11th, 2014 at 7:23 AM