One of my first posts on this site, way back, was a cut and paste job of an article I wrote a few years back for the Mississippi Bar Family Law Section Newsletter. It was entitled, I am an Undivorce Attorney. I am re-blogging on it because, one) I have a significantly greater audience now, and two) I like writing about good news in divorce law. I am still an Undivorce Attorney.
In Mississippi, you can legally UNDIVORCE! Yes, you can have your judgment of divorce revoked by the Court that granted it. This is not a remarriage, but rather judicially undoing the legal divorce. Why, you ask? Well, just like sometimes people marry the wrong person, sometimes they got it right the first time and divorced the wrong person.
MCA 93-5-31, provides that a judgment of divorce may be revoked at any time by the Court that granted it. The Court may require “satisfactory proof of reconciliation,” as well as “such regulation as it may deem proper.” It requires a joint application of both parties. The process can be fairly simple and quick.
Upon approval by the Court, you can have your divorce erased and it’s as if you were never legally divorced. You get “credit” for being married those years you were not, so 25 years still equals 25 years.
This is a very unique quirk in MS law and not widely known. In fact, a few judges, I have heard, have questioned whether they had the authority to do an undivorce and if it was legal. They do and it is.
Matthew Thompson is a family law attorney in Mississippi and whether you marriage was a mistake or your divorce was a mistake, I can help!
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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.