Tag Archives: divorce

The Court Can Bar you from Remarrying

Mississippi has some interesting (read funny) laws.  I have previously blogged about Mississippi’s “Undivorce” statute, wherein previously divorced parties can legally undo the divorce.  Well, did you know that a MS Judge can also bar you from getting married again?

MCA, Section 93-5-25 includes language that in the event that the Court awarded a divorce against a party for adultery and in the Court’s discretion so decides, that the Court may bar the guilty party from getting married again for one year, requiring the guilty party to petition the Court, thereafter to remove the restriction.  I inquired with a local Judge if this had ever been invoked and while he had not, he knew of an instance years ago where it had been used against a serial adulterer.  So, not only can Mississippi Court’s divorce you and undivorce you, but in certain circumstances they can prevent you from remarrying.

MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”

Family Focused

I am a family law attorney and one of the greatest lessons that I have learned is to be focused on your own family.  My mentor was/is Mark Chinn.  Mark is one of the best family law attorneys in the Country. He is smart, tough, knows the law and knows how to persuade. However, one of his best qualities is that he focuses on his own family.  I have worked with Mark for over 9 years.

During that time there was rarely an instance where he missed one of his children’s events or milestones; be it sports, school, or otherwise.  He made it a priority to be there and they knew it.

He would not let his schedule and other person’s issues – which could usually wait and rightly should-  interfere with his priorities,for all of the right reasons.  By focusing on your own family and keeping them in focus, you will stand a much better chance of avoiding someone like me, a divorce attorney. I hope you do. Image

I am an Undivorce Attorney

In Mississippi it is possible to get Undivorced. I am not talking about remarrying the same person, but having your legal divorce – legally revoked.

Stuart Miles /freedigitalphotos.net

Upon satisfactory proof of reconciliation, the Court which granted the divorce may revoke the judgment of divorce.

§ 93-5-31. Judgment of divorce may be revoked

The judgment of divorce from the bonds of matrimony may be revoked at any time by the court which granted it, under such regulations and restrictions as it may deem proper to impose, upon the joint application of the parties, and upon the production of satisfactory evidence of their reconciliation.

http://www.jdsupra.com/legalnews/i-am-an-undivorce-attorney-35636/

Matthew Thompson is a family law attorney and has handled multiple undivorces.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew at 

(601) 850-8000 or Matthew@bowtielawyer.ms

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