When divorces are settled, a Judgment of Divorce is rendered. However, divorces are not completed at this point. There is a mandatory 90-day MA divorce waiting period. This is called the Nisi period. Here are some useful facts on the Nisi period.
Purpose Of The MA Divorce Waiting Period
The the waiting period is to give couples an opportunity to reflect on their decision. Divorces are often very stressful and sometimes the parties develop some clarity in the days after the court appearance. The parties can file a Motion to Dismiss before the 90-day Nisi period ends. In that case, the divorce is effectively terminated and the couple remain married.
The Effective Date of Divorce
If no action is taken, the divorce automatically becomes final after the 90-day period. All parties typically receive a letter via mail. In rare situations, there can be paperwork missing and preventing this from taking place. If nothing is received, either party may request a copy of the final divorce decree from the Probate and Family Court Registrar office in the county where the divorce took place.
Impact of theMA Divorce Waiting Period
Because divorces are not final until the 90-day period has finished, it is critical to know some legal implications. First of all, both spouses continue to be married during the Nisi period, so neither one may remarry during that period. Secondly, tax returns must still be filed as either married filing jointly or married filing separately. There must be a complete calendar year after the divorce date in order to file as single for that year. Finally, spousal privileges, such as medical insurance, may still apply during the waiting period. Any other issues, such as sale of assets, are driven by the divorce terms and may not necessarily rely on the final divorce date.
Guidance on MA Divorces
For rare situations involved in divorces and the MA divorce waiting period, consult with an experienced divorce attorney. Divorce conditions will differ. The details above are offered as a general introduction to this topic and should not be considered legal advice.