Can a divorce be overturned?
In California, a divorce can be overturned, but it is not a common occurrence. The process of overturning a divorce is typically only seen when the decision made by the court is determined to have been made due to an error or misstatement. To have a divorce decision overturned, the person who wishes to appeal the decision must convince the court that errors or misstatements were made during the proceedings and that the judgement was incorrect as a result. If the court does decide that there were errors or misstatements that led to the judgement and agree to overturn the decision, the divorce will no longer be in effect and the couple’s marital status will be reverted back to the state prior to the filing of the divorce. In the event that the court does not agree to the appeal and upholds the decision, the divorce is not overturned and the couple will remain legally divorced. Other legal options, such as modifying the divorce judgement, may be available if the court upholds the decision and the couple wishes to make changes to the divorce. The decision to overturn a divorce is made on a case-by-case basis, and it is important that people who are considering appealing a divorce decision seek professional legal advice before they begin the process.
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