Revoking a Divorce in Minnesota

Losing a job, the death of a child, bankruptcy, prolonged stress, or mental health challenges can place enormous strain on a marriage. During these difficult periods, one spouse may decide to end the marriage and file for divorce. However, a divorce does not necessarily mean the relationship is beyond repair. As circumstances improve, couples sometimes reconcile and rediscover the relationship that brought them together.

 

According to research published in the Journal of Divorce & Remarriage and the Journal of Marriage and the Family , approximately 6% of divorced couples remarry their former spouse. Dr. Mark Banschick also noted in a 2022 Psychology Today article that remarriage to the same person—sometimes referred to by researchers as "marital recycling"—has remained a small but consistent phenomenon over several decades.

 

What many people do not know is that Minnesota law provides a unique opportunity for couples who remarry each other. Under Minn. Stat. § 518.25 , spouses who remarry may jointly apply to the court to revoke the decrees and orders entered in their divorce proceeding. This can include the judgment dissolving the marriage, spousal maintenance orders, and other related provisions. In effect, the law allows the parties to restore their legal status as though the divorce had never occurred.

 

There is one important limitation. Revoking the divorce cannot impair the rights of third parties, such as creditors or others who relied upon the original divorce judgment or court orders. Those rights remain protected.

 

Before seeking to revoke a divorce, couples should carefully consider whether the issues that led to the divorce have truly been resolved. Without meaningful change, the same conflicts may resurface, resulting in another divorce. Studies indicate that approximately 30% of couples who remarry the same spouse eventually divorce again. While that rate is substantially lower than the divorce rate for second marriages to a different spouse—which is often estimated at around 60%—it still means that nearly one in three reconciled marriages ends in divorce. Research by the American Association for Marriage and Family Therapy has also found that couples who participate in counseling before reconciling tend to have significantly better outcomes than those who reunite based solely on emotion.

 

If you have questions about revoking a divorce or any other family law matter, contact Attorney Maury D. Beaulier at (952) 442-7722 .