Legal Concerns Regarding Remarrying Your Ex-Spouse

Posted on in Divorce

Kane County family law attorneyWhen you are dating someone, there are sometimes circumstances that may drive you apart. Over time, you may be able to reconcile with that person and resume your dating relationship. But what happens after you married? Is it possible to get divorced and remarry the same person in the future? While the idea of getting back together with an ex-spouse may seem completely outrageous to many people, the reality is that it does happen from time to time.

What the Law Says

According to the law in Illinois, an unmarried person is free to marry anyone of legal age who is not already legally married. The parties must also not be related by blood or adoption any closer than second cousins. (Marriage between first cousins is permitted in limited situations.) A person whose divorce has been finalized is not considered to be married under the law, so he or she is free to marry again. This means that if you and your former spouse decide to marry each other once more, there is nothing in the law that will prohibit the union.

Important Considerations

Before you and your ex decide to get back together, it absolutely crucial to ensure that your divorce is completely finished. If any part of your case has been reserved for future consideration, your remarriage could create complications. Likewise, if either of you married another partner in the meantime, that divorce must also be finalized.

Your Marital Judgment

You and your ex-spouse may also need to petition the court to vacate your existing marital settlement agreement, especially if it contains provisions regarding spousal maintenance or parental obligations. Undoing your divorce settlement may be difficult and will likely require the assistance of a qualified family law attorney. Remarrying the same person could also affect issues such as Social Security payments and other government or retirement benefits.

Consider a Prenuptial Agreement

As with any remarriage, you should also think about drafting a prenuptial agreement before you marry your ex-spouse. In this particular case, it is even more important, as recombining your assets will not automatically make them marital property. Your prenuptial agreement can address property and financial concerns, as well as any other important details you wish to include.

Seek Legal Guidance

Marriage is a big step under any circumstances, but remarrying your former spouse is likely to be even more complicated. Contact an experienced Kane County family law attorney before you make any decisions. Call 630-232-9700 to schedule a confidential consultation at The Law Offices of Douglas B. Warlick & Associates today and get the help you need.



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