What is a Judgment of Divorce Nisi? Massachusetts Divorce Attorney Explains

Judgment of Divorce Nisi Explained

Divorce is a complex and emotional process, and each state has its own set of rules and regulations governing the dissolution of marriage. In Massachusetts, one crucial aspect of the divorce process is the “Divorce Nisi” period. In this blog post, we’ll delve into the specifics of the Divorce Nisi period, shedding light on its significance and how it relates to the overall divorce process in Massachusetts.

What is a Divorce Nisi?

According to mass.gov the divorce nisi is the time between when a judge grants your divorce and when the divorce becomes final. For a type 1A, uncontested divorce, the standard period of time is 120 days. For the less common fault divorce, or a type 1B divorce, the standard nisi period is 90 days after the hearing. 

Why Does it Exist?

You can think of the nisi period as the state asking “are you sure” one last time. Divorce is a big decision and once it’s done, you’ll no longer have any of the legal privileges of being married in the state of Massachusetts so this is just one final check to give you a second to breathe and let the divorce become official. The word “nisi” means “unless” in latin so it’s the state’s way of saying unless we hear anything else during this time, you and your partner are officially divorced. Of course, ideally, you’ll have your mind made up well in advance of the nisi period. But we have seen divorces turn around at the last second and the spouses have decided to stay married so if you’re thinking about getting a divorce or going through the process right now, our best advice is think it through! The last thing you want is to turn around on the last day of your nisi period with a bundle of legal fees just to stay married. 

Can I get remarried during the nisi period?

No. In Massachusetts, you are still legally married until the nisi period has ended. This means that you cannot remarry during the nisi period of your divorce. After the nisi period has ended, assuming that all necessary paperwork has been filled and requirements have been met, you will be free to marry again but until that date, you are considered married in the eyes of the law.

The Judgment of Divorce Nisi is the formal document that marks the end of divorce proceedings in Massachusetts. It outlines the terms of the divorce, including child custody arrangements, division of property, and any financial obligations. However, it’s crucial to understand that the divorce is not final until the expiration of the 90-day Divorce Nisi period.

The Divorce Nisi period in Massachusetts serves as a crucial step in the divorce process. It provides time for reflection, potential reconciliation, and the resolution of financial matters before the divorce becomes absolute. Understanding the significance of this waiting period is essential for individuals navigating the complexities of divorce in the state of Massachusetts.

Experienced Massachusetts Divorce & Custody Attorneys 

If you’re getting divorced in Massachusetts, you’ll need a trusted team of family lawyers on your side to help you through it. Here at O’Connor Family Law, we’re ready to fight for your rights and provide you with the compassionate care that you deserve because we’ve been there before. Our team members have seen the difficulties that arise with divorce first-hand. When you call O’Connor Family Law, you’ll know that you’re in good hands with people who care about more than just numbers on a page. That’s because here, you’re family. Give us a call today at 774-703-3755 or fill out the form here to learn more about the divorce process in Massachusetts.