Family Law Blog

Married, Divorced, Married, and Divorced Again – How it Effects The Process

Thursday, May 23, 2019

woman taking ring off finger

Some people just can't stay away from each other. They may have gotten married without thinking, gotten a divorce, realized they were still in love, married again, and years later it is divorce time yet again for one reason or another. For some, remarriage may last forever, but if it dissolves into divorce again, does this have any effect?

The honest truth is if you are divorcing someone that you divorced before, it may actually make the process faster. The asset division from the previous divorce can be withheld, so this means that they only need to divide that which was new in the second marriage. However, it can create some unique problems.

For example, if you got the house in your first divorce, you could argue that it is not marital property in the second divorce. However, your spouse could argue the exact opposite. Both parties may technically be correct and a judge will have to sort that out. Furthermore, they may want the house in trade for something else. Is it possible for it to be a bargaining chip?

Thankfully, while the division of the actual stuff may be more complicated in some regards, alimony will typically stay the same. You won't receive the same amount from the first divorce, however. Instead, the court will examine the two separate incomes. These may have changed since the first divorce happened, so someone may be paying or paying less depending on their income. Furthermore, if a spouse is now financially independent on their own, there may no alimony payment at all.

One divorce is messy enough, but if you are divorcing a person that you already divorced in the past, you know you need help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible outcome. It's okay to be confused in loved, but don't let a marriage ruin your whole life.