Question:
I remarried the same woman I divorced before. It looks like we are headed for divorce again.
Can we have the second marriage annulled and the original divorce decree reinstated? We were happy with the terms of the first divorce, so how do we get back there?
Answer:
First let me preface my answer by stating that I am not licensed to practice in the state of Missouri. Cordell & Cordell has many men’s divorce lawyers located throughout Missouri that would be happy to discuss your case with you.
Each state has different rules for annulling a marriage. Most statutes dealing with an annulment are based upon fraud, which I don’t believe applies to your case. More than likely you will need to go through the divorce process again. However, it sounds as if you have the terms worked out, which may make it a simpler process.
You should consult an attorney in your jurisdiction to help you begin the process.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
As stated, the answer to the first question is it is unlikely the marriage will be annulled so he will have to go through the divorce process again. If both parties are still in agreement to the original divorce decree, then they can use those terms to file their separation agreement with the court. The court will usually follow this agreement unless it finds it to be unconscionable.
As you will find on all of the Ask a Lawyer questions, the answers and information in the article is general in nature. You should always contact an attorney in your jurisdiction immediately to further discuss the specifics of your situation.
Master
That’s a cheap way of “passing the buck.” Why don’t you just answer the question. Isn’t that why you answer these questions in the first place?