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Questions about Marriage Reconciliation Law

What is marriage reconciliation?

Marriage reconciliation is where two people going through a divorce or separation decide to re-think their decisions about ending their marriage. Many times people make mistakes and over-react — they may say something and regret it later. Marriage reconciliation is just that. Before the divorce is processed and finalized, both spouses may seek reconciliation. This means that the divorce process is put on hold. Below are some of the most commonly asked questions about reconciliation.

What is the definition of marital reconciliation? What happens if someone moves in and out due to financial reasons waiting for a final divorce decree?

Marital reconciliation is where both parties in the divorce agree to have the court dismiss the pending divorce proceeding. Until the dismissal of the divorce, if the defendant moves in and out of the household there is usually no legal consequence to them.

In South Carolina, if someone committed adultery then requested reconciliation and failed; how long does it take to finalize the divorce and how much are they looking at in equity?

In most cases, you can expect an equitable split of marital assets. There may not be alimony because of the adultery. You can usually file for divorce immediately. South Carolina is considered an equitable distribution state. That means, during a divorce in South Carolina, the “marital property” is equally divided by the court. The property that is considered “separate property” is not divided. Separate property includes: • Inheritances • Property owned before the marriage • Personal injury awards • Gifts given to only one spouse Marital Property includes basically anything that is not stated as separate property. Income attributions to either spouse are considered marital property.

Under family law in Canada what does reconciliation mean?

As per the Canada Divorce Act, lawyers have the right to look for reconciliation with their client and the court, to make certain there is a possible reasoning for reconciliation. The statue requiring a one year period in granting divorce states: “A period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated by reason only that either spouse has become incapable of forming or having intention to continue to live separate and apart or of continuing to live separate and apart of the spouses own volition, if it appears to the court that the separation would probably have continued if the spouse had not become so incapable or by reason only that the spouses have resumed cohabitation during the period of, or periods totaling, not more than ninety days without reconciliation as its primary purpose.”

If someone talks to their spouse during a divorce about reconciliation will it hurt their stating in the divorce process?

Talking about reconciliation does not usually hurt during divorce proceedings. Spouses are allowed to discuss reconciliation. A spouse may attempt to use anything said during the discussion of reconciliation against the other spouse, however, but if a spouse denies anything said other than the attempt to reconcile, and the other spouse has no proof, it would usually not be admissible as evidence.

Is there a time limit to request for a separation agreement, and does the separation agreement change if the couple reconciled for more than a year and then moved apart again?

A separation agreement is considered to be a contract as well as a legally binding action. However, the court would evaluate the evidence in deciding whether reconciliation supersedes and nullifies the separation agreement. Many times this would be determined and considered on a case by case basis. During marriage reconciliation, many things could be running through your head. Am I doing the right thing? Can our marriage really be fixed? What if we move back in together and decide that this is not what we wanted, can we still proceed with the divorce? A divorce can be a very stressful time in a person’s life – both emotionally and legally. When you seek expert inputs on your legal questions, the legal insights and Expert opinions you get can many times point you in the right direction and help you take the best legal decision possible.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9160
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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