How Could an Attempt at Reconciliation Affect Divorce Eligibility?
When two people fall in love and marry, the path ahead can often be unpredictable. They may continue to live a life of wedded bliss, or the road may be considerably rockier. In the latter case, it's not unusual for the two people to pursue a divorce even though they may subsequently decide to give it another go. How could this uncertainty affect any subsequent application for divorce?
Trying Again
In a situation like this, nothing is ever black and white. Where children are involved in the marriage, then there is even more pressure on both individuals to try and make things work. They may, for example, decide to separate to give each other space before deciding to get back together and try once again. It's not unusual for this type of scenario to unfold over and over again, but eventually they may both decide that the difference is irreconcilable.
When that final and fateful decision is made, however, they will typically want to proceed as quickly as possible to a formal divorce so that they can get on with their individual lives. Yet this can lead to confusion, as a divorce will only be granted after 12 months of actual separation.
Effect of Delay
The law does recognise that this type of "back and forth" behaviour can take place and understands that both parties may have been trying to salvage the union. Yet the 12-months rule must be observed, and, in this case, an allowance will typically be made for short-term attempts to reconcile. If both parties had tried to reconcile but quickly separated once again, then this will not extend the 12 months rule at all. However, if you had rejoined for a period of several months, then you will have to reset the clock if you subsequently part. In other words, you will only be granted a divorce 12 months after this latter date.
Proof of Position
While the divorce laws have been relaxed over recent years, you will still need to convince the court that you are separated and that you qualify for the divorce. Even though you may live under the same roof, you will need to show some level of proof of the current situation. This can be an affidavit from friends or family to confirm the appropriate dates, as one example.
Best Approach
To make sure that you proceed as expeditiously as possible and that you do not run into any further roadblocks, always get a divorce lawyer on your side to help.
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