Legal Question in Family Law in North Carolina
Reverting A Divorce
man has been divorced for a year from his exwife is it possible for the woman to revert the divorce if she has re-married?Facts:The man and woman have been divorced over a year.During the separation period the woman moved back into the home of the man for 2 months.The divorce was filed at the end of the 2 months.The divorce was agreeable by both parties.The woman re-married 3 months after the divorce was final.
1 Answer from Attorneys
Re: Reverting A Divorce
Rule in NC is that absolute divorce is granted based
on parties having been separated for a period of 1 year.
Case law indicates that isolated instances of sexual
intercourse do not toll the statutory period, however
a protacted period of reconciliation probably would.
Now, the problem is that plaintiff filed a verified
(sworn) complaint alleging the one year period. The
court undoubedly accepted that statement and
granted the divorce. Question for the court
becomes were you lying then or are you lying now.
When a remarriage is involved, this smells like
spite based on child custody or something else.
Court will probably do something like accuse
the plaintiff of abusing the system or fraud, charge
court costs, avoid the question. Court
probably not interested in having to rule
that divorce is invalid based on false swearing
and open the door for bigamy, especially since
this does smell of spite.