Filing for divorce can be a stressful and emotional time. Many people want to know how long the process will take and when their divorce will be final. Unfortunately, without a crystal ball, your lawyer cannot provide an exact answer to this question. The timeframe for finalizing a divorce relies heavily on the facts of your case and the party’s ability to agree. Understandably, many people want their divorce to move along quickly so they can move on with their life. That said, it is essential to realize that certain time restrictions are built into the divorce process laws that your attorney has no control over. These time restrictions may prevent your divorce from moving as quickly as you may like. An example of such restriction is called the “nisi period.”
When it comes to divorce, there are a lot of legal terms that can be confusing and intimidating. One of these terms is the nisi period. The nisi period is an integral part of the divorce process, so it’s important to understand what it is and how it affects you. To get started, let’s look at why the nisi period exists in the first place.
What is the “nisi period” in a divorce?
The nisi period is a mandatory waiting period between when a judge grants your divorce and when the divorce is finalized, also known as the Judgment Absolute. There are no exceptions to this mandatory waiting period, which applies to all parties filing for divorce in the Commonwealth of Massachusetts. Depending on the type of divorce you filed, the nisi period will last either 90 days or 120 days. Both parties are legally married during this time, and neither party can remarry or enter into a new civil partnership. This waiting period gives both parties time to reflect on their decision to divorce and ensure they are certain about their decision before it is finalized. It also allows for any necessary paperwork and arrangements to be made in preparation for the divorce. Once the final Judgment Absolute is granted, both parties are legally divorced and are free to remarry or enter into a new civil partnership.
90-day nisi period
If you are considering filing for divorce in Massachusetts, it is crucial to understand the different process options and what they entail. One option is to file a 1B Complaint for Divorce, which comes with a 90-day nisi period. Once the court approves the Complaint, there is a 6-month waiting period before a judge can finalize the divorce. However, if the parties come to an agreement during those six months, they can convert the 1B Complaint for Divorce to a 1A Joint Petition for Divorce. By doing so, they can avoid the mandatory 6 month waiting period and be subject to the 120-day nisi period required for Joint Petitions instead. Whatever route you decide to take, it is vital to consult an experienced divorce attorney to ensure that you take the best action for your particular situation. Contact Sawin Law, P.C. at (781) 713-1212 to request a free 30-minute phone consultation.
120-day nisi period
If the parties can agree on all aspects of the divorce, they may file a 1A Joint Petition for Divorce. This means that they will submit their Separation Agreement to the court for approval. Once the agreement is approved, the divorce will not be final for at least 120 days. During this time, either party can decide to withdraw the divorce petition or take other action. If no action is taken, the divorce will become final after the nisi period ends.
What Is The Effect Of The Nisi Period?
The only real effect of this waiting period is that it allows couples who may have had second thoughts about getting divorced to stop proceedings before they become legally binding. Aside from that, there isn’t much else that happens during this time frame – no decisions about custody arrangements or asset division will be made until after the absolute decree of divorce has been granted by the court.
If you are considering filing for a divorce, understanding what the nisi period entails is essential to make informed decisions about your future. Knowing about this waiting period gives you extra time to think things over before making any final decisions about your marriage – and could save you from going through with something you’ll regret later. Understanding what happens during this waiting period is critical if you’re facing tough decisions around your marriage and family life – don’t hesitate to consult with Sawin Law, P.C. if you need help navigating this challenging process.
