Sometimes during a period of separation, the parties may try to reconcile. Both parties may decide that they are willing to repair their marriage and address their issues, and the process of trying to dissolve the marriage may have made both spouses realize how important they still are to each other. Even though this website is run and written by divorce lawyers, all of us are married; we want to see marriages succeed and flourish. Reconciliation and divorce seem like polar opposites, but sometimes it is not surprising to see a splitting couple suddenly find themselves in love once more after experiencing life without their partner. However, what happens to the lawsuits that have been filed when a couple revitalizes their marriage? This article will explore that question.
Court Proceedings
The party who files an action is the plaintiff. If the plaintiff has filed for divorce, alimony, child custody and support, and/or equitable distribution, that party, the plaintiff, can file a notice of voluntary dismissal, and the action(s) will be dropped. The court will not refund the court fees, and if the action or actions are filed again, court fees will need to be paid again. No reason has to be given for the dismissal. It is an easy form to complete and file.
If the other party who was being sued has responded to the lawsuit, then that party, the defendant, must approve and sign off on the dismissal form as well. The voluntary dismissal closes that court case. If the parties agree to separate again, then a new one year period of separation starts, and the parties must live separate and apart for another period of one year.
Will attorneys refund their fees?
When it comes to attorney fees, whether they will be refunded or not upon reconciliation depends on the retainer contract between the client and their attorney. Attorneys have already spent time and efforts on the case. Depending on the retainer, there may be partial refund. If the attorney is billing by the hour, the client will not be billed for any more work. Every case is different, and you should carefully review your contract in regards to these fees before signing if there is any chance at reconciliation.
What about agreements we’ve signed?
If there is a separation agreement between the parties, the separation agreement, which is a private contract, ultimately becomes no longer effective. Most separation agreements state that any action that has been taken does not become undone, and any future obligations become suspended and are not required. For example, if wife and husband agreed that husband would pay wife $1000 a month for alimony for 3 years and the parties reconciled and after 5 months of being separated, husband would no longer have an obligation to pay the remaining 31 months of alimony. Same can be said for child support. If husband had agreed to pay $1500 a month in child support, he would no longer need to pay
child support if he moves back home. Realize in the above example, Husband could be a little sinister in his attempt at reconciliation. Perhaps he does not want to pay the alimony, that could be the reason behind the reconciliation. If the parties separate again, there is no automatic resumption of alimony. And settlement negotiations start all over again. The terms that the parties had agreed upon could be the beginning point of new negotiations, but they are not binding.
To illustrate, Wife and Husband agree to separate on May 1. Husband moves out of home, May 1. They sign a separation agreement on July 1. In the separation agreement, they agree that Wife will receive $1000 a month in alimony for 3 years. They also agree that Husband will pay $1500 a month in child support and the children will reside primarily with Wife. Husband will have the children for overnights, every other weekend and for 2 months in the summer. The parties also agree that Wife will list the home for sale by December 1 of that year and the parties will share the proceeds, 50/50.
If the parties reconcile and Husband moves back in the home on November 1, Husband no longer has to pay monthly alimony and child support. Wife does not need to list the house for sale in a month on December 1. There is no binding custody agreement. Now, if same couple, 2 years down the road, decide to separate again, they would need to sign and execute a new agreement. The new agreement could have totally different terms. The old agreement does not automatically come into play. And, the parties would need to remain separate and apart (living under separate roofs) for 1 year before either could file for divorce. It could also be possible that the parties may share joint custody, and Husband pays no child support and no alimony.
Most separation agreements and separation terms involve a lot of financial review and emotion-packed decisions. The process of separating is never easy, so parties should consider that emotional cost as well. And, with the second time around, court fees and attorney fees will need to be paid again. Keep this in mind if you are considering reconciliation post divorce – or if you think it may be a possibility while considering divorce.
