Legal Concerns Regarding Re-Marrying Your Ex-Spouse in New Jersey

Legal Concerns Regarding Re-Marrying Your Ex-Spouse in New Jersey

Is it possible to remarry your former spouse? Continue reading to discover the legal logistics of re-marrying your ex and discover some recommendations by experienced divorce attorneys regarding the process.

Re-marrying the same person twice in New Jersey, is it possible?

After being granted a divorce in New Jersey, it is legal to re-marry an ex-spouse. It is only illegal in the instance that you are committing bigamy, which is when you marry someone when you are already entered into a marriage. However, if you and your former spouse decide to tie the knock again, it is strongly recommended by our experienced Bergen County divorce attorneys to take some precautionary steps before officially re-marrying:

  • Consider a prenuptial agreement: Signing a prenuptial agreement will allow you and your spouse to be properly protected from future disputes should your marriage end in a divorce. Some disputes that you will be protected against include alimony, division of marital assets, and child custody.
  • Keep matters private between you and your former spouse: If you and your spouse have children, it is best to keep your relationship private until you are certain that you will become a family again. If you are dating or considering re-marrying your former spouse, it might be appealing to let your children know immediately. However, you must consider the impact it may have on your children to have hope for reconciliation if it does not come to fruition. You want to be realistic about the situation and avoid disappointing your children as best you can.

Reconciling After Filing for Divorce

It is possible for couples who have begun the divorce process to legally reconcile in New Jersey with a postnuptial agreement. This document will state that both parties would like to give their marriage a second chance by ending their divorce proceedings. The circumstances that spouses can sign reconciliation agreements are as follows:

  • Files for divorce: In this case, you and your spouse must file a formal reconciliation agreement with the New Jersey courts to cease the divorce process.
  • Intends to file for divorce: A circumstance in which a couple has not begun the legal process will still require a reconciliation agreement. However, this will not require either party to file the agreement with the courts. These agreements may still be enforceable as a valid postnuptial agreement.
  • Legally separates: Couples may also sign a legal separation agreement before a divorce. Successful reconciliation agreements should override active separation agreements.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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