Many times after parties have been divorced they desire to resume their marital relationship.
In Oklahoma there are three ways to resume the marital relationship after the entry of a Divorce Decree.
- 1. - Remarriage by Civil Ceremony
- 2. - Remarriage by Common Law
- 3. - Vacate the Divorce Decree
A Remariage, either by ceremony or common law, constitutes a new marriage between the parties, and each brings into the new marriage as his and her separate property the property which had been divided in the previous divorce.
A Remarriage, either by ceremony or common law, constitues a new marriage between the parties, with new anniversary dates - and new calculations of the length of the marriage.
If the parties to a divorce wish to resume their relationship, with all of the rights accrued during the marriage prior to the divorce, then in most cases the Divorce Decree should be vacated - or annuled as though there had been no divorce.
By vacating the decree the parties continue an already existing marriage - which preserves the length of a single marriage, and annivversary date. ( This may be very important for pension or Social Security Purposes )
Since the parties need to make only one court appearance, and because this is a matter about which there will not be a contest, most couples should be able to appear for themselves in Court without an attorney.
However, the procedure must be followed exactly and the pleadings should be proper form.