Once a divorce is finalized, can either spouse back out of it?
As you may have gathered the answer to your questions is simply no. One spouse cannot back out of a divorce after it becomes final. If a couple is in the process of getting divorced, either person can decide to abandon the case at any point (which would mean that their spouse would be granted a divorce without their consent). However, there are certain steps that need to be undertaken in order for a divorce to be final—the couple must file an affidavit or petition with the court and also serve each other with copies of these documents. Then, the judge signs either a “Decree of Divorce” or “Order of Dissolution of Marriage” or similarly styled court order. Once this happens, the divorce is effective. It's important to remember that even though a divorce has become final, there are some time limits that apply when it comes to changing or undoing the whole thing. If you want to alter the divorce decree, you'll have to go through another whole legal process.
When making a decision in life, it's always important to consider what the consequences of that decision could be. While you might think that once a divorce is finalized, it's too late for one spouse to back out, the law actually says otherwise. In the state of Utah, spouses who entered into a marriage thinking they were both single and now regret marrying can ask the court to set aside or “vacate” their divorce. This happens under specific circumstances: one spouse must have been unaware that the other was married prior to marriage, or fraud occurred during the marriage by hiding information about a previous marital status from the other spouse. If a spouse discovers that their partner was married before and wants to reverse their divorce, he or she must file a complaint for annulment within 3 years after becoming aware of his or her spouse's prior marital status.
When you need legal help with family law or divorce in Utah, call this law firm, they give free consultations:
Ascent Law LLC
8833 South Redwood Road Suite C
West Jordan UT 84088
801 676 5506
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