The end of a marriage is a confusing time. It can be a fluid time in which couples go through a cycle of splitting up and then reconciling. The desire to work things out for love, for stability, or the children’s sake can overpower the reasons for finalizing a divorce. If you have already taken legal steps to separate or divorce and have had a change of heart, speak with your attorney to discuss the legal implications that come with reconciliation.
Reconciliation Renders Separate Maintenance Order Moot
“Separate maintenance” is a form of legal separation in which a court issues temporary orders regarding property division, spousal support, child support, and child custody. A key feature of a separate maintenance order is that couples are still legally married. This allows the option of reconciliation for a couple that does not want to obtain a divorce. So when a couple decides to reconcile and brings this decision to the court’s attention, the court may dissolve the separate maintenance order upon agreement of the parties.
Reconciliation Must Occur Before the Divorce Decree is Entered
While Nevada allows for relatively quick, no-fault divorces, there are still couples that file for divorce but take time before asking a court to enter their divorce decree. This may be to sort through the complex issues of property division, alimony, child support, and child custody. The key to whether a couple can change their minds about getting a divorce is whether the court has granted the divorce.
Once a court has entered a divorce decree, it is considered final. While there are certain exceptional circumstances in which a decree can be reversed on appeal, a change of mind will not justify overturning a valid divorce order. Consequently, if a divorce decree has already been entered, then the couple will likely have to get married again.
Seek Family Law Representation from Viloria, Oliphant, Oster & Aman L.L.P.
Viloria, Oliphant, Oster & Aman, L.L.P. is a law firm that provides comprehensive legal services to individuals looking for individualized family law representation. We are a client-focused firm that focuses on the attorney-client relationship and going above and beyond for our clients. Our attorneys are experienced, effective, and highly-regarded in the community. You have significant legal rights when your marriage ends. Trust us to guide you toward your best outcome. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.