Sometimes couples who divorce find their love rekindles later in life at a time when they are in different places in their lives than they were during their marriage and they decide to give their relationship a second chance. Although it is not especially common, it is also not unheard of for former spouses to discover the things that initially drew them together in the first place still exist, drawing them together once again. Some experts estimate that about 10% of all married couples who separate will eventually reconcile at some point in their lives. If you have rekindled a relationship with your former spouse and are contemplating a remarriage, there are a few things you should keep in mind before you say "I do", again.

  • Remarriage may affect child custody, child support or spousal support terms that were established during your divorce. For a spouse who received spousal support from their former partner, remarrying that partner does not guarantee you will end up with the same terms if you divorce a second time. Additionally, spousal support orders generally terminate upon the new marriage of the individual receiving the support while the obligation to continue paying spousal support generally does not terminate upon the remarriage of the individual paying support. Couples should review any and all divorce order terms they have to determine what financial impact their remarriage will have. If you or your former spouse pay and receive child support from one another, you'll also want to contact the agency which overseas your child support obligations to have their files updated once your remarriage is finalized.
  • You should consider entering into pre-nuptial agreements with your former spouse for this new marriage. Many couples who have purchased property individually while they were divorced will seek to protect those purchases in the event that the marriage does not work out on its second chance.
  • California law requires at least 6 months between the date of filing for a divorce and a judgment, and you cannot remarry until a formal divorce judgment has been put in place. If your former spouse is currently legally married to someone else, there will be a waiting period before they can obtain a divorce and you can get remarried.
  • As with any second marriage, you will want to review your will and all estate planning documents and have them updated as may be necessary.

Many couples find themselves ready to give love and marriage another chance later in life. If you and your former spouse have reconnected and are contemplating remarriage, call the Law Office of Steven M. Bishop today to speak to one of our family law experts and learn more about what considerations you should review before remarrying your former spouse.

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