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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
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Experience:  13 years of experience practicing law.
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What happens to the original divorce decree when spouses remarry

Resolved Question:

What happens to the original divorce decree when spouses remarry and get divorced again in AZ?
Submitted: 5 years ago.
Category: Family Law
Expert:  KimberlyLaw replied 5 years ago.

Hello, I am happy to answer your question.

 

Well, if you had gotten back together and not married again, then your divorce decree would still be in effect, and you could still claim a right to the pension, alimony, etc. Unfortunately, since you got remarried, those benefits are now gone.

 

If you are able to secure an annulment, I suggest that you go to court again on the prior divorce action after the annulment is active. Ask the judge to reconsider the determination and declare once again that you are entitled to the same amount. This will give you a "new" decree and a date AFTER your second marriage so that there is no confusion about whether the decree is in effect.

 

I hope this helps, and good luck.

Kimberly

KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3728
Experience: 13 years of experience practicing law.
KimberlyLaw and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
What is the precedence that you based this answer on? Is there a spefic case or law which you are refering to? Please help.
Expert:  KimberlyLaw replied 5 years ago.

I am explaining to you how divorce decrees work when the same parties get married again. If I do research on case law it will take much more time and will be more costly.

 

I also want to point out that since you got married so soon after the divorce you might be able to get the second marriage "VOIDED" rather than annulled. Arizona has a 90 day waiting period after divorce before remarrying. This is NOT mean that your second marriage is not valid. It means that it is "VOIDABLE" but still valid. In order to void it you have to go to court and request it. If you are successful, then your initial decree will still be in effect. I think that is your best option.

 

Good luck,

Kimberly

Customer: replied 5 years ago.
Thank you. But what happens if we've already started the paperwork for the annulment? Meaning both parties have answered and it has been filed thru the court system. Should I still be albe to ask for the marriage to be "VOIDED".
Expert:  KimberlyLaw replied 5 years ago.

If you are already in a court proceeding you can ask the judge above voiding it and see what he suggests. Also ask him about the enforceability of the initial divorce decree. This is your chance to speak with the judge and get this all worked out.

 

Kimberly

KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3728
Experience: 13 years of experience practicing law.
KimberlyLaw and 2 other Family Law Specialists are ready to help you

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