After the judgment is entered and before it becomes final, neither party may dismiss the action without the other party’s consent. If the parties reconcile during this period, they may together dismiss the action and resume their marital relationship. All orders previously entered in the proceeding will be canceled on dismissal of the action.
By statute, although temporary orders for child support are not enforceable during a period of reconciliation, they remain in effect until terminated by the court or by operation of law. Thus, temporary child support orders are clearly protected if a reconciliation occurs, and then fails, before a judgment is entered. Once entered, however, a judgment’s orders supersede and revoke all temporary orders.
The burden of proving a reconcilation rests with the party seeking to establish it. That party must show that the intention to reconcile is “unconditional and contemplates a complete restoration of all marital rights.” Marriage of Modnick. In Modnick, the parties cohabitated, traveled, celebrated holidays, and entertained together after an entry of an interlocutory judgment. However, the court did not find that they had “mutually intended to permanently reunite” because they filed separate tax returns as single persons, treated new acquisitions as separate property and continued to pay and receive spouse support.
Contact an Orange County Divorce Lawyer for any help you may need.