Understanding Divorce Nisi in Massachusetts
Divorce nisi period is the final stage in the Massachusetts divorce process. It acts as an intermediary step between the initial judgment of divorce nisi and the finalization of a divorce, or absolute divorce.
During the divorce nisi period, the court has approved your divorce, but it is not yet final. This period allows possible reconciliation. The divorce Nisi period is not an opportunity to go back and change the separation agreement you signed in court.
Understanding the specifics of a divorce nisi helps in managing expectations. It also aids in planning for the transition from divorce nisi to absolute.
The Definition of Divorce Nisi
A divorce nisi is a provisional court order. In Massachusetts, it signifies an initial approval of the divorce.
This order indicates that the court sees no reason to deny the divorce. However, it is not the final decree.
The word “nisi” means “unless” in Latin. The divorce nisi period is a your last chance to reconcile and decide together not to go through with your divorce. The divorce nisi remains in effect for a statutory period. That period can either be 90 or 120 days, depending on the type of divorce that was filed. This timeline begins after the court grants the divorce nisi judgment.
The Role of Divorce Nisi in the Divorce Process
It is believed that the divorce nisi period is a law from the past that sought to slow down the divorce process for moral grounds; delay the divorce process for an additional 90-120 days for the couple to reconcile.
How Long is the Divorce Nisi Period?
For joint petition for divorce (ch.208 s. 1A) the divorce nisi period is 120 days from when a judge approves the separation agreement and financial statements of the parties. That 120 days is split into two periods: 30 days after the hearing when the Judge approves the separation agreement the Judgment of Divorce Nisi will begin; 90 Days after that a Judgment of Divorce Absolute is entered.
For a contested complaint for divorce (Ch. 208, s. 1 or 1B) the timeline of absolute divorce depends on how long before entering the separation agreement the parties filed the contested complaint. If the time from complaint has been less than six months the parties can amend the complaint to a joint petition and changing the divorce nisi period to 120 days or wait for 6 months to elapse. If/once 6 months have elapsed from the date of filing, the Judgment of Divorce Nisi will enter immediately (as opposed to 30 days after a joint petition) and Judgment of Divorce Absolute will enter 90 days later.
Moving from Nisi to Absolute: The Final Steps
The divorce becomes final automatically after the nisi period concludes. Once this occurs, the divorce is formally absolute, indicating the legal end of the marriage. As a last step, parties can obtain a certificate of divorce absolute from the court.
Remarry During the Nisi Period?
Remarrying during the nisi period is not allowed. This period is a legal precursor to the final divorce decree. Marriage is only permissible after the divorce is absolute.
Child Support, Custody Arrangements and Division of Assets
Child support and custody arrangements must adhere to the separation agreement signed by the parties. The nisi period doesn’t change these obligations. Both parents are expected to continue fulfilling their roles and commitments.
The same applies to asset division and all other aspects of the separation agreement.
Wills and Estate Planning and the Divorce Nisi Period
A party’s marital status changes from married to unmarried only after the Divorce Nisi period. In the event that one spouse dies during the divorce nisi period the decedents estate may not be able to avoid paying the surviving spouse their share. However, most separation agreements drafted by experienced attorneys will protect against this unintended result.
How does the Divorce Nisi period affect my tax filing status?
If the Divorce Nisi period overlaps into the next year then you are considered married and cannot file as single. Your filing options will be to file “joint” or “married filing separately.” This should be outlined in your separation agreement.
How does the Divorce Nisi period affect Health Insurance?
The divorce nisi period allows you to stay on your (soon to be ex) spouse’s health insurance, provided there are no specific employer prohibitions and both parties are in agreement.