What Is Reconciliation
Reconciliation is when spouses who have filed for divorce or separated decide to dismiss the case and resume their marriage. It halts all divorce proceedings, voids any settlement agreements signed during the divorce process, and returns both parties to married status under prior property division and custody arrangements.
The legal mechanics vary significantly by state. In some states like California and New York, reconciliation automatically tolls (pauses) the divorce timeline without requiring formal court action. In others, including Texas and Florida, you must file a written request to dismiss the divorce case. If minor children are involved, most states require court approval of the reconciliation before the case closes, particularly when custody or child support orders exist.
How Reconciliation Affects Your Divorce
Reconciliation creates specific legal consequences that touch multiple areas of your case:
- Settlement agreements: Any property division agreement, spousal support order, or parenting plan you negotiated becomes void once reconciliation occurs. You return to the property ownership and custody arrangement that existed before filing.
- Cooling off periods: Many states impose mandatory waiting periods between filing and finalization (typically 6 months). If you reconcile during this period, the clock resets if you file again. In some states, the waiting period resumes from day one of your second filing.
- Spousal support: Temporary support orders (alimony pendant lite) automatically terminate upon reconciliation. If you wish to resume support payments voluntarily, this requires a new written agreement.
- Child custody: Prior custody orders remain in effect unless you filed for modification. Reconciliation does not automatically change custody arrangements established during the separation.
- Tax implications: Filing status reverts to married for the tax year in which reconciliation occurs, which can affect deductions, exemptions, and liability for jointly owed taxes.
The Reconciliation Process
To formally reconcile, you typically must file a "Dismissal of Divorce" or "Notice of Reconciliation" with the court. Texas requires both spouses to sign; California allows one spouse to request dismissal. Some states like Florida require an affidavit explaining the reconciliation. If children are involved, the court may order a brief hearing to confirm the reconciliation is voluntary and that custody arrangements are in the children's best interest.
Filing fees range from $100 to $400 depending on your state and county. Processing time is usually 2 to 4 weeks after submission.
Common Questions
- If we reconcile, do we lose agreements we already signed? Yes. Any separation agreement or settlement drafted during the divorce process becomes invalid. You would need to execute a new agreement if you want those terms to apply.
- Can we reconcile after a judge signs the final divorce decree? No. Once a final decree is entered, the marriage is legally dissolved. You would need to remarry formally, which requires a new marriage license and ceremony.
- How does reconciliation affect a spousal support obligation I was ordered to pay? Support obligations automatically end upon reconciliation. However, arrears (unpaid support) remain owed and may be enforceable depending on your state law.