For most ex-spouses, the thought of getting back together after a divorce is unimaginable. Getting remarried is impossible. However, some former spouses find that they miss each other and want to get back together. Whether that means re-marriage or living together, it is essential to consider the consequences of getting back together with an ex-spouse after divorce.
Are You Considering All the Consequences of Getting Back Together with Your Ex-Spouse?
There is a much larger picture to consider than whether you and your ex-spouse want to ignite the old flame. Before jumping back into a relationship with your ex-spouse or applying for a new marriage license, you may want to consider these things:
Why Did You Get Divorced?
If you want to remarry your ex-spouse, it is crucial that you take time to consider the reasons for your divorce. Time may heal wounds, but it may not change the causes of the wounds. If the factors that led to your divorce have not significantly changed, it may be a strong indicator that your relationship will not last.
How Does Re-marriage Impact Child Custody?
If you remarry your ex-spouse, your current custody arrangements become void. You and your spouse will have joint custody of your children. Therefore, you could face a custody battle if your second marriage does not last.
The court will determine custody based on the best interest of the child in the present. The new custody arrangement could be far different from the first custody order.
Furthermore, you should consider the impact of getting back together with your ex-spouse for your children. Depending on the circumstances, children may view their parents getting back together negatively. A second divorce could make matters far more difficult for your children.
How Does Re-marriage Impact Child Support and Alimony?
If you remarry your ex-spouse, alimony and child support payments will cease. If you stay together, you will not need to worry about this consequence. However, what happens if you separate and divorce? Re-marriage and a second divorce can result in substantial financial consequences.
The court will base child support and alimony on your current financial situation. Your finances may have significantly changed since your first divorce. For example, suppose you are now earning substantially more than your spouse. In that case, you may be paying them alimony and child support instead of the other way around.
Do I Need a Prenuptial Agreement if I Remarry My Ex-Spouse in New Jersey?
You may go into the second marriage with the intent to remain married to your ex. However, a prenuptial agreement can make things much easier if you divorce again. It also protects your best interests by ensuring a fair divorce settlement.
A prenuptial agreement is a binding contract between two people who intend to marry. They must negotiate and enter into an agreement before they marry. Prenuptial agreements are governed by the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act.
A prenuptial agreement settles issues that would be decided during a divorce proceeding. It can also determine how the couple will navigate finances during the marriage. Examples of issues a prenup can address in New Jersey include:
- Alimony and spousal support
- A spouse’s legal rights regarding marital assets and separate property
- How debts and property will be divided in a divorce
- Estate planning, life insurance, and retirement accounts
- Each party’s ability to sell, transfer, use, or otherwise control property
- Other issues that are not against public policy
Prenups cannot negatively impact a child’s rights. Therefore, child custody and child support provisions are typically unenforceable unless the court determines the provisions are in the child’s best interest.
A prenuptial agreement is beneficial if you remarry your ex-spouse because it requires both parties to fully disclose all financial matters. Many things may have changed since you divorced. Having a clear financial understanding before re-marriage can avoid problems during the marriage.
Should I Talk With a Monmouth County Divorce Lawyer Before Remarrying My Ex-Spouse?
Talking to a divorce lawyer to ensure you understand the legal consequences of remarrying your spouse can be helpful. Understanding the full legal ramifications of remarrying your ex-spouse ensures you enter the second marriage with all the information necessary to protect your best interests.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
