Is Our Divorce Valid If We Cohabit After It Was Issued?

Question:

My ex and I divorced many years ago, though we moved back in together several years ago and have been cohabiting since.

Now that we are breaking up again she said our original divorce decree is void because we have been living together and she is going to take me back to court.

Does the original divorce decree become void if the divorced couple resumes living together?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.

Your original divorce decree is still valid assuming it was not vacated. Cohabiting after the decree is granted does not automatically vacate the decree.

Therefore, a second divorce proceeding is only necessary if there is a valid current marriage.

This limited information that you provided makes it very difficult to fully answer your questions. There could be an issue of a valid common law marriage, which would require a second divorce action.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma Divorce Lawyer Kristy Loyall, contact Cordell & Cordell.