A judgement of divorce is given when a divorce is settled. However, divorces are not final at this stage. There is a required 90-day Massachusetts divorce waiting period. This is called the Nisi period. Here are a few important facts on the Nisi period.
Purpose Of The Massachusetts Divorce Waiting Period
The the Nisi period is to allow people an opportunity to reflect on their decision. Divorces are typically very stressful and sometimes the parties can feel differently with time. The parties may file a Motion to Dismiss during the 90-day Nisi period. This terminates the divorce.
Divorce Effective Date
If no action is taken, the divorce will automatically become final at the end of the 90-day period. All parties should receive a notice by mail. In rare cases, there can be clerical errors preventing this from taking place. If nothing is received, either person may obtain a copy of the divorce decree from the Probate and Family Court Registrar office in the county where the divorce was filed.
Significance of theMassachusetts Divorce Waiting Period
Because divorces are not complete until after the Nisi period, it is helpful to know some legal implications. First of all, both parties remain married during the waiting period, so none can remarry during that period. Secondly, tax returns must still be filed as either married filing jointly or married filing separately. A full calendar year after the final divorce date must pass in order to use the single status for that year. Finally, spousal privileges, such as insurance, may still apply during the waiting period. All other issues, such as sale of assets, are driven by the divorce agreement and may not always be effected by the final divorce date.
Help with MA Divorces
For rare circumstances related to divorces and the Massachusetts divorce waiting period, consult with a competent divorce attorney. Divorce terms always vary. The information above is offered as a preliminary introduction to this matter and should not be mistaken as legal advice.