Divorce & Annulment

questions & answers

Question: My divorce was final in May of 2007 I have been living with my xhusband since November of 2007. Can we apply for a Stipulation to Dismiss the Court granting of the divorce if we both agree to remaining married?

Answer:

A divorce, also known as a dissolution of marriage, legally ends a marriage. Once the divorce decree is finalized, the divorce is completed, and the marriage ends. A Stipulation of Dismissal is used to dismiss an ongoing case, and is governed by the Arizona Rules of Civil Procedure, Rule 41(a). A Stipulation of Dismissal would not be relevant to your finalized divorce.

If you and your ex-husband want to be legally married, you would have to get married in accordance with Arizona law. A.R.S. 25-111 and 25-125. Please note that common law marriages (a marriage created without legal ceremony by a couple living together and publicly presenting themselves as husband and wife) are not recognized as valid marriages in Arizona, unless the marriage was established while residing in a state that recognizes common law marriages. A.R.S. 25-112.