One couple has learned that the old saying "you can't un-break an egg" can apply to divorces as well. Eight months after their divorce was finalized, a couple in New Hampshire decided that their differences weren't as irreconcilable as they thought. They have been trying to have their divorce reversed, but earlier this month the New Hampshire Supreme Court ruled that the all the government's horses and all the government's men can't put that "Humpty" together again.
In an unanimous ruling on December 8, the justices said that although the laws of New Hampshire grants the state the power to grant divorces- it lacks the authority to undo a divorce once it is final.
Although a few states allow divorces to be vacated under some specific circumstances, most states, have no statutory authority to "undo" a divorce.
Although it is nice to see a couple patch things up, divorces are considered a one way street. The finality of a divorce is generally good for the parties and sound policy for the public. We want people and the rest of society to know that the divorce is final and irreversible. We don't want to be creating a mess with inheritances, new marriages, child support and all the other issues that depend on the marriage status being very clear. This policy may not be romantic, but it is highly practical.
In Texas, there is no going back after a certain point. If thirty days has expired since entry of the final decree, then you are out of luck. After that, the court generally loses any power over your divorce case (if you have children- that is a different case and they keep power over your kids), But if you are within the thirty day period, you could file a Joint Motion for New Trial. If that is granted then you both can dismiss the divorce case. Aside from that, if you want to be husband and wife, you will have to remarry.
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Attorney Sean Y. Palmer has over 18 years of legal experience as a Texas Attorney and over 24 years as a Qualified Mediator in civil, family and CPS cases. Palmer practices exclusively in the area Family Law and handles Divorce, Child Custody, Child Support, Adoptions, and other Family Law Litigation cases. He represents clients throughout the greater Houston Galveston area, including: Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Harris County, and Galveston County, Texas.