Couples Seek To Have Divorces Annulled May Be Denied By Courts
On January 5, 2016 by Eric Klein
Most people have heard of having a marriage annulled. However, many people are not aware that spouses also choose to have their divorce annulled. It does happen, but in some states, the request to set aside a divorce judgement may not be granted. In Florida, couples can file a motion to vacate an order of divorce. The presiding judge will make his or her determination on a variety of factors. Each state has different laws regarding dissolving a divorce judgement.
A New Hampshire couple recently made national news after losing their divorce annulment case with their state’s Supreme Court. The couple filed for divorce in 2014 after 24 years of marriage, but reconciled soon after and sought to have their divorce annulled.
The New Hampshire high court ruled that the courts did not have the power to annul divorces and their request was denied. The Court said the state would need to have the court’s divorce powers spelled out in state law. “In the absence of statutory authorization, there is no authority to vacate a decree of divorce,” the justices wrote in their opinion.
Just like New Hampshire, Florida does have provisions to undo a divorce under certain circumstances. Common reasons to set aside a divorce judgement include fraud, mutual mistake of fact, mental incompetency, or duress.
If spouses change their minds about their divorce and want to have it annulled, time is of the essence. The sooner they file a motion to set aside their divorce judgement, the better. The longer pairs wait to file, the more compelling their reason must be to get a favorable ruling.
If you or someone you know is seeking legal guidance and representation from an experienced divorce attorney who can help vacate your divorce judgement in South Florida, please contact Klein Law Group at 561-220-6659 or fill out the contact form on our website. We offer a free 30-minute consultation to discuss your individual case in family law, bankruptcy, and real estate. Our offices are located in Boca Raton, West Palm Beach and Fort Lauderdale, Florida.