Rekindled Love: Exploring Post-Divorce Reconciliation Options
Hi, I’m Tulsa divorce attorney James Wirth, and here’s a question we sometimes get: “We got divorced, but now we’re back together. Do we need to get remarried, or is there another way to undo the divorce?”
Good news: Oklahoma law gives you an option other than getting remarried if certain conditions are met.
Understanding the Legal Framework
Under Title 43, Section 133 of the Oklahoma Statutes, a divorce decree can be set aside if both parties sign and file a petition with the court asking for the decree to be vacated, and neither party has married someone else since the divorce.
If those two things are true, the court can essentially “undo” the divorce. You wouldn’t need to get remarried—your original marriage would be reinstated, and it’s legally as if you were never divorced.
Weighing Your Options
But should you? That’s where things get more nuanced. Undoing a divorce means your original marriage date is still in effect. That could impact property division if you separate again in the future, estate planning if one of you passes away, and asset ownership, for example, if someone won the lottery during the time you were divorced.
On the other hand, if you decide to get remarried instead, your marriage date resets. Assets and liabilities acquired between the divorce and the new marriage could remain separate—unless you choose to combine them.
Making the Right Decision for You
Yes, you can undo your divorce through the courts, but whether that’s the best move depends on your situation. If you’re back together after a divorce, talk to an attorney before making any legal decisions.
Schedule a Low-Cost Initial Strategy Session
To schedule a strategy session with one of our attorneys, visit MakeLawEasy.com or call us at 918-879-1681. Again, I’m Tulsa family law attorney James Wirth. Let us help you navigate your options and decide what’s best for your unique circumstances.
