Full question:
My husband and I were divorced April of 2007. I have dated no one else, neither has he. We have continued to have relations and he pays for my pager and cable. Did we nullify our divorce by consummating it and never being with anyone else? He has also kept me on his health insurance since the 'divorce' in April of 2007.
- Category: Divorce
- Date:
- State: California
Answer:
Having conjugal relations or maintaining insurance on a spouse alone does not void a divorce. To be considered married after a divorce is final, you would need to remarry. I wish you all the best for reconciliation of the marriage in 2010.
Please see the following CA statute:
2339. (a) Subject to subdivision (b) and to Sections 2340 to 2344,
inclusive, no judgment of dissolution is final for the purpose of
terminating the marriage relationship of the parties until six months
have expired from the date of service of a copy of summons and
petition or the date of appearance of the respondent, whichever
occurs first.
(b) The court may extend the six-month period described in
subdivision (a) for good cause shown.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
