What To Do When The Divorce Doesn't Work Out?
You get a divorce then reconcile. You might want to get remarried. Why not vacate the divorce instead?
- An Oklahoma Court issued the divorce;
- Both parties agree; and
- Neither of the parties have married a third person since the divorce.
Social Security Rules Regarding Divorce and Benefits
Why it may be More Advantageous to Vacate a Divorce Instead of Getting Remarried.
Generally: If divorced, in order to be eligible for Social Security Benefits you must have been married 10 or more years and not be remarried. But if the divorce is vacated, social security considers it as follows, "Because the order vacating the divorce decree stated that the divorce was set aside, vacated, and held for naught, the divorce was reordered a nullity, as if the parties had never been divorced." See ruling.
If either spouse was previously been married, it may be more advantageous for Social Security benefits to remain divorced. See Rules.
How To Vacate a Divorce:
Sign a Joint Petition File Petition (Court costs currently $66.64 to $76.64 depending upon the county). Directory of court clerks here.
Attach Affidavits Present Order to Judge.