- Posted January 07, 2016
- Tweet This | Share on Facebook
Divorce is a one-way street
There are times when I send an e-mail and instantly regret doing so. Some e-mail providers even offer the ability to "unsend" the message within a short few minutes to allow you to exercise that "on second thoughtâ?¦" feeling.
When you initially file a complaint for divorce, there is a waiting period. It can be waived in some circumstances, but most people have to wait it out. In Michigan, it's six months if you have minor children, and two months without.
If there is a chance for reconciliation, it usually occurs during that time frame, and the divorce is dismissed so the couple can work on their relationship. On rare occasions, the couple remarries after the divorce is finalized.
I have never personally handled a case where a couple tried to legally "reverse" their divorce, but that's exactly what Terrie Harman and Thomas McCarron of New Hampshire tried to do. The couple was divorced in July 2014, having enjoyed 24 years of wedded bliss. Then in March 2015, they joined forces in a court motion, stating that they wanted the divorce voided as they were back together.
Basically, it was all one big fat mistake that they wanted fixed.
Like other states, New Hampshire will set aside divorce judgments for specific reasons fraud, mistake, etc., but none of those fit the circumstances in this case.
In the Supreme Court of New Hampshire's opinion, dated December 2, 2015, the court references one of Terrie's arguments as being that the divorce will adversely impact financial assets, like Social Security, retirement and inheritance. And, since they are back in love, why ruin the good thing they have going. The Supreme Court didn't buy that rationale and ruled against the couple, stating that absent statutory authority, the court has no power to vacate a divorce judgment based on the parties' reconciliation.
One of the more ironic facts of this case is that the ex-wife is an attorney. I'm guessing she doesn't practice much family law.
_____
The author is a family law attorney whose blog site is: http://legalbling.blogspot.com. She can be reached by emailing her at matyjasz@hotmail.com.
Published: Thu, Jan 07, 2016
headlines Ingham County
- Lover of great outdoors is passionate about environmental law
- Michigan Law Professor Daniel Halberstam participates in SCOTUS visit to the Court of Justice of the European Union
- Cooley Law School’s Innocence Project recognizes National Wrongful Conviction Day with exoneree event
- Butzel Backpacks
- Award-winning judge aims to provide equal justice and access to everyone
headlines National
- Judge is accused of using racial slur, vulgar terms and ‘libtard’ label for employee offended by his comments
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Colorado Supreme Court considers whether habeas petition can free zoo elephants
- 4th Circuit upholds $1M sanction for law firm that tried to ‘sabotage’ federal court’s authority
- Don’t give money to law schools unless they teach originalism, conservative federal appeals judge says
- Average BigLaw partner compensation increased 26% in 2 years, reaching this high-water mark