Skylark.law
This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened.
In addition to offering a grace period to change your mind, the Nisi period has three other legal effects:
1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, because you would then technically be married to two people.
2. If the Nisi period crosses December 31, then you are considered married for that tax year which means you must file under "joint" or "married, filing separately" and cannot file as "single".
3. Under some health insurance plans you may not be able to stay on your ex's health insurance (as explained further in our previous post, Will I be able to keep my health insurance after the divorce?), but at least during the Nisi period you can stay on the health insurance.
Hello, I filed for divorce in July 2010. On 4/4/2011 I went to my final hearing for my divorce and it was granted. I didn´t understand what the judge said about waiting 90 days. After researching and understanding the ´nisi´ waiting period she was talking about, now I ask, why does this have to apply in my case? I had a divorce by publication. I have no knowledge of my ex husband´s whereabouts for 6 years now. All atempts were made to find him and he never responded. There is no ´making up´ possibility there. Do I still have to wait 4 MORE months? Thank you!
ReplyDeleteIn response to Anonymous, unfortunately there is no way for you to avoid the waiting period. I have seen parties request that the Judges waive this nisi period, and these requests always fail. Because the nisi period is by statute, there is no discretion provided by judges in this matter to consider the specific facts of each case. The simple answer is that it applies in your case because it applies in all cases without exception.
ReplyDeleteHi,
ReplyDeleteMy Judgment of divorce Nisi was ordered on April 15, 2009
The order states "the agreement of the parties dated September 3, 2008 is approved and incorporated into and made part of this judgment, and shall not merge and shall survive and remain as an independent contract".
So does that mean my divorce date date is September 3, 2008 or April 15, 2009 when the order was made or 120
days after the divorce Nisi was ordered.
I don't have a copy of my divorce decree because I thought that the divorce Nisi was the decree. I am just now finding out years later because I am remarrying and the paperwork requires a divorce date from my previous marriage.
Please help!
Thank you for the comment, Anonymous. The date of your Judgment of Divorce Nisi is the operative date. So your divorce became absolute 90 days after April 15, 2009. If you need a Certified Copy of your Final Divorce Decree you can obtain it from the Probate & Family Court Registrar's office in the County where you were divorced.
ReplyDeleteHello, I was issued a divorce in court on Mar 2, 2012 with alimony from my ex-husband. The judge said there will be a divorce nisi for 120 days and that neither of us could re-marry during this time. However no one, including my divorce attorney, can tell me if I can sell my home and purchase another home during this time.
ReplyDeleteSpecifically my present home is a family home that my elderly mother lives in and also my neice is buying from me. I want to move on with my life and get my own place without having to live with my mother.
I am selling my house to my neice for alot less than it is worth.
Am I able to do move forward. Thank you.
Thank you for your comment Anonymous. Whether or not you can sell specific property during the Nisi period depends on the language of your Agreement (or trial judgment if your case went to trial). If you're not sure, you should consult with an attorney regarding the specific language of your order prior to taking any action.
ReplyDeleteHi...great website. I quitclaimed deeded my house to my wife after we divorced but during the NISI period. She had a fire claim shortly after that (still during NISI). The insurance is in my name, as is the mortgage. They want to pay a fair amount (30k) for work she will likely have done for perhaps 10K. Do I have a claim to the balance or any portion thereof?
ReplyDeleteThank you for your comment Anonymous. The fire claim is probably not shared property, but the terms of your Judgment will be controlling and you should have an attorney review the specific language of your Judgment and/or Agreement to be sure.
DeleteWe just found out (because my sister tried to refinance her house) that her divorce nisi never got filed. She and her husband thought her divorce was done 4 years ago when the had the final divorce hearing. Apparently the court held up the nisi filing because there was no child support order (which she had agreed to) and thought that might be an issue? Anyway - her lawyer and her husband's lawyer never noticed it never got officially done.
ReplyDeleteThis is potentially going to cause major problems for her for everything - including possibly opening up a new custody battle plus her husband has racked up tens of thousands of dollars worth of debt in the last few years and is in the process of filing bankruptcy. Plus she's filed tax return as a single person the last four years. AND the land court somehow okay'ed a few years ago that the deed to their house be put in her name solely because they believed the divorce was final.
The question is what should she do now? Can a judge sign a decree to retroactively issue a NISI? Does she need to hire yet another attorney to represent her to get this giant mess straightened out somehow?
Janet, Thank you for your comment. This is an unusual situation and how it is handled by the court will depend on many facts which you have not provided here. I suggest that your sister consult with an attorney directly about her situation.
DeleteMy husband and I were married on June 30. He has a Judgement Nisi from a MA county court dated 3/26/12. SO, when we calculated the 90 days from the nisi date we decided to marry on 6/30/12.
ReplyDeleteToday, he went to the courthouse to get a copy of the final divorce decree. It lists the date as 7/10/12. This makes no sense. Are we truly not really married now, and do we have to redo everything from 6/30 or is this just a clerical matter?
Anonymous, thank you for your comment. In my experience the Absolute date is always 90 days after the Nisi date in Massachusetts. My first step would be to go ask the county register's office why that is not the case.
DeleteHello, I had a divorce hearing in front of a judge in Norfolk County Massachusetts in December 2007. I had asked at the time if I'd beable to get remarried in February 2008 and was told by the clerk yes. My current wife and I went to Las Vegas and married February 2008. We took a document from Massachusetts which enabled us to get a marriage license there. I just found out my divorce was offical March 16, 2008! My current wife and I are very upset and have no idea how to rectify this. Nevada has no waiting period, but Massachusetts does. What is my material status? My current wife and I have filed taxes together for years, are we breaking the law?
ReplyDeleteIt is possible that you marriage is void. In Massachusetts, under M.G.L. c. 208 S8 a marriage in the commonwealth is automatically void if either party has a former spouse. The same may be true in Nevada. You should consult with an attorney to determine the exact consequences of your situation.
Delete30 days after the divorce agreement was signed by the judge my ex spouse took out a 2nd mortgage on the property when she was suppose to had refinance to remove my name.. The divorce nisi was not finalize.
ReplyDeleteCan the waiting period be waived by a judge and have my uncle be able to get married immediately (or close to it) to his girlfriend?
ReplyDeleteHere are the circumstances:
My uncle (roughly 60 years old) has been recently diagnosed with Stage 4 Pancreatic Cancer which has already spread to his liver and possibly his head.
The Doctors give him 2 months to live!!!
He and my aunt have been, what I thought was divorced for probably 15 - 20 years because they haven't lived together since. I just found out they never legally got divorced...
His live-in girlfriend of well over a decade tells me that my aunt and uncle are willing to legally divorce without contesting anything...there are no minor children involved....
He (and everyone) would like to marry his girlfriend...but he might not live long enough to have it happen.
So, is there a way the judge can waive the waiting period? They're in Plymouth County, Massachusetts.
Thank you!
Anonymous, thank you for your comments and question. While they might find a sympathetic Judge to this story, my experience in the Massachusetts courts has been that the waiting period is statutory and can't be waived. I have seen Judges deny requests to waive the period indicating that they have no authority to do so, regardless of how good they believe the reason to be. There may, however, be other alternatives depending on the goals of your uncle.
DeleteThere are essentially two elements of a marriage: love and legal benefits. If your uncle's goal is to provide the legal benefits to his girlfriend of a marriage, then his wife could waive her rights and a new estate plan prepared that awards all assets to his girlfriend. This will not provide all legal benefits of marriage, but could manage some.
If your uncles desire to get married is purely to recognize publicly his love of his girlfriend, then he can still have a marriage ceremony, simply without the legal form being completed. Marriage ceremonies are often performed without legal significance, for example between by same-sex couples in jurisdictions where their marriages are still not legally recognized.
Hi , I had my divorce hearing on Sept 18th 2012 and i was granted divorce.after ,i have received a findings and order statement signed by the Judge and sent by my lawyer . Do I have to expect to receive anything else from court or should i wait 120 days and that will be all ,or i do have to wait for the Judgment of divorce before I can start counting the 120 days
ReplyDeleteIf you case a 1A Joint Petition, then you should receive a Judgment of Divorce Nisi as well (approximately 30 days after your hearing). That Judgment becomes final 90 days later (and the absolute date is usually written on the Judgment as well).
DeleteIf your divorce enters at the end of August, and the nisi period therefore ends at the end of November, what are the consequences for filing your taxes? Can you file as a single person despite being married for either 2/3s or 11/12s of the year? Are you each entitled to take deductions and otherpotential tax benefits through the end of the nisi priod? Does one person have more of a claim to such benefits? Thanks for any feedback.
ReplyDeleteFor federal tax purposes, the IRS considers your marital status as of December 31. So if you are married on December 31 then you were married for the whole year, and if you are divorced on December 31 then you are divorced for the whole year. Regarding individual benefits and deductions, these should be addressed in your Divorce Agreement. If they are not, then you should consult with an attorney and an accountant to determine which benefits and deductions you may take legally on your return.
DeleteWe are planning to file sometime next week. Can I request a specific date for my divorce to be final and the marriage over?
ReplyDeleteNo, as described in the post above the date of the divorce being final is dependent on the date of the hearing. Depending on your county you may be able to request a specific hearing date.
DeleteI just recently received my Judgement NISI in the mail... stating my divorce will be absolute on May 9, 2013. Will the court send me a copy of the divorce decree or should I contact the clerks office? I have been trying to get a divorce for 2 years now and really would like my maiden name back, but I cannot change it with social security without the decree...
ReplyDeleteCourts in Massachusetts do not automatically send out the final Divorce Decree (also known as the Judgment of Divorce Absolute). In order to get a copy of this you need to go to the court house and pay $20 (or mail a check with a request and self-addressed stamped envelope). You will need that certified decree in order to change your name with the social security department.
DeleteGreat site ... my divorce is old - I filed Oct 80 with a no fault, and as I recall, neither of us could remarry until Oct 81. My ex got married the summer before it was final, so I'm not sure if he's legally married. I'm not sure how he did this - I never got a copy of the divorce decree. He's still married, so maybe 30 years later it doesn't matter that much.
ReplyDeleteI am hoping to remarry this September and am getting very nervous after reading this site.
ReplyDeleteI understand that there is no possibility of eliminating the 90 day waiting period. However, is there a way to speed up the filing of the judgment nisi?
My ex and I have lived separately for many years and although we have a child, we are great co-parents. (So much so that people at his school are often surprised that we are not together).
Our plan is to file at the end of this week but I am nervous about it taking time to get a hearing date and to get the nisi filed.
How long does it typically take to get a date for the judge after you file if there are no issues and everything is uncontested?
Is there anyway to speed up the 30 day filing of the judgment nisi? This seems like just an extended waiting period!
This would give me a better feeling for the total time.
How long it takes to get a hearing date varies by County. For instance in Middlesex County if all of your paperwork is in order and you both arrive by 8:30 A.M. you can actually be heard the same day in Cambridge. In other counties, my experience has typically been 3-4 weeks to obtain an uncontested hearing date, though if there is a good reason for requesting a sooner hearing you might be able to obtain a faster date upon Motion.
DeleteThere is no way to waive the 30 day waiting period because it is statutory.
Hi, I had my final divorce hearing in Boston on June 25, 2013. Can I ask for a copy of the Divorce Nisi exactly 30 days later at the court house? Or do I have to wait to receive it in the mail? Thank you, Charles
ReplyDeleteYou can obtain a copy as soon as it is docketed, but that usually takes some time. Although the date should be 30 days after your court hearing, it is not always completed and docketed the same day. If you want to see if you can pick it up, I would suggest calling ahead.
DeleteI went for my divorce hearing and the judge granted the divorce. Correct me if this is wrong. I want to make sure that I understand the nisi period well in MA.\
ReplyDeleteSteps:
1. Judge grants divorce
2. Exactly 30 days from Judge granting divorce I should receive a Judgment of Divorce Nisi
3. 90 days from NISI date, divorce is final and absolute
4. Example if Judge grants divorce on March 10th, you get a nisi letter April 10th and divorce is final on August 10th?
You're close. The 30 day and 90 days are not necessarily exact because they don't account for whether the final day lands on a holiday or weekend. For more information check out our more recent post: When does 30 + 90 not equal 120? In Divorce Court!
DeleteA decree nisi was granted on August 27, the decree absolute was granted on December 3 but a marriage took place on November 15 of the same year. What are the implications?
ReplyDeleteTechnically the marriage on November 15 was not valid under those terms. However, M.G.L. c. 207 s 6 states that under very specific circumstances the marriage could become valid as of the divorce absolute date from the previous marriage. The safest route would be to have the subsequent marriage reaffirmed.
DeleteHi - I have a question.
ReplyDeleteMy ex has retained and wont release any of my belongings ruled to me in the divorce. Her attorney states that I forfeited it after 30 days per the decree. I attempted to arrange a date to pick up said property within the 30 period, but it was never agreed and I finally requested dates - one week after the 30 period and she now says she owns everything.
Is this a reason to void a decree? how do I get my property back?
The answer depends on the exact language of the decree, but you may be eligible to file a Complaint for Contempt. You should schedule an appointment to review your decree with an attorney.
DeleteI just went to court about 30 days ago. A few days ago I got the initial judgement. It has nearly 20 handwritten changes in it and looks like it was written by a 4th grader. On top of that, my ex wrote in additional requirements I did not initial causing me financial harm and future liabilities. How can I appeal back to the court to have the CLEARLY doctored settlement voided/updated/corrected/etc.???
ReplyDeleteYou need to file a Motion under Rule 60b to Amend or Vacate the Judgment. The process of these motions is complicated and outlined in Standing Order 2-99. I would recommend consulting with an attorney.
DeleteI bought my ex wife out of the mortgage to our house. I am sole owner and have allowed her to live in the house till our 90 Nisi period is over. What can I do legally to get her out if she has not found a place to live. I have given her the money from the house and she will soon have half of my annuity. Our 90 days is up on April 22,2015. She filed for divorce in March 2014. What are my rights?
ReplyDeleteIf your divorce agreement requires her to move out after the 90 day period, then her staying would be a violation of the divorce judgment. You can request a court take action for violation of an agreement by filing a Complaint for Contempt. Click here for more information about Contempt actions.
DeleteI have a divorce hearing on 4/23/2015. After that hearing and the divorce is granted can we stop the divorce during a period of time even if we already went to trial?
ReplyDeleteI'm not sure exactly what you are asking, but if this is a Massachusetts case and if the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone.
DeleteI'm sorry, Ill try to be a little clearer... I go to court for my divorce trial on 4/23/2015. After that date, if my husband and I are able to reconcile, even though we went to trial, can we stop the divorce?
DeleteIf you reconcile while the trial and decision is pending then you can choose to file a Motion to Dismiss and stop the divorce. You can also final a Motion to Dismiss and undo the Judgment in the first 90 days before it becomes final. After the Judgment of Divorce absolute, the only way to still be married to each other would be to get remarried. All of that being said, once starting a trial it is very unusual for parties to reconcile.
DeleteHello, I have a question relative to Social Security benefits. My understanding is that a couple needs to be married at least 10 years to collect SS benefits on the ex-spouse. What date does Social Security go by to determine the actual date of the divorce? The day you file, the judgement of Nisi date? or the final divorce decree date?
ReplyDeleteJust as for tax purposes, the absolute divorce date is the official date of divorce.
DeleteHi.......we are in the process of setting up a QDRO for a state pension. What date should be used? The first date of the decree or the absolute date of the decree? Thank you.
ReplyDeleteThat depends on what the Divorce Agreement of Judgment states.
DeleteHi there,
ReplyDeleteI have a divorce hearing in November and understand the 90 day waiting period but am wondering if there is any way to change my last name (without going through the entire name
change process separate from the divorce process) before the 90 days? I need to renew my passport and would rather get it done once with my maiden name if at all possible. Thank you!
The Judgment is not final until the 90 days are up and therefore not usable for the purpose you describe. The only other way would be to do a separate name change procedure.
DeleteHi, I was married Oct 15th 2011. I left my wife Jan 15th when I found she was having an affair with guy A. I filed for divorce. Come to find out on my own research, she had a divorce hearing on July 27th 2011. According to Nisa in mass,her divide wasn't final until Oct 27th,2011. Does that mean I was never married because that would make me very happy. I am on disability and hasn't money for a lawyer and already filed for divorce,but I didn't return my paperwork in time so the case was dismissed. I went to the courthouse and the clerks are extremely co fused how this could happen. Plz help guild me
ReplyDeleteIt is possible from these facts that you were never married. However in order to clarify that status you would be required to file an Annulment. I suggest attending court on a date when a volunteer lawyer is available (often called the Lawyer of the Day). This can be a complicated situation and you want to make sure you file the correct paperwork.
DeleteFunny, my situation was the same, same dates and every, He was thrown out and arrested for assaulting his step child. You cant lie about cold hard documented FACTS!
DeleteWhat are my legal options if this man has beat me up TWICE, (there is proof because he was arrested for it) and I fear for my safety being in the courthouse with him?
I'm not sure what your comment about abuse has to do with the questions raised above about jurisdiction and timing. Obviously, abuse is a very serious allegation and if you fear for your safety you should discuss your rights with both an attorney and possibly the police. The Divorce statute has a portion available for abuse prevention, but there is also a separate statue under ch 209A in Massachusetts relating to abuse prevention orders. This is really a separate issue from whether or not the court has jurisdiction over the divorce and how long the nisi waiting period is.
Deletethe other info is the same though. I was married October 15, 2011 and my divorce wasn't final , but the new spouse knew, he was present at the divorce hearing. So why would this marriage need to be legally annulled and we can't just walk away from it? due to the documented abuse to me and my children I would prefer to walk away as if it never happened and not risk being assaulted or worse in court. What are the legal consequences if we don't get it annulled and just act like it never happened? there are no children, no property, nothing to dispute.
DeleteThese are all excellent questions but outside the scope of a public comments section. The answers to these questions is specific legal advice about your situation and you should discuss it with a lawyer. I would encourage you to speak with a lawyer and not simply walk away as if it never happened. At the very least, right now, the government believes you are married because there is a marriage certificate. There are also other good reasons to clarify your legal status depending on the specific facts of your situation.
DeleteJust a quick question regarding name change. I am current in the divorce nisi period and my divorce will be finalized in March. The divorce nisi document states that I am granted back my maiden name - can I go ahead and change my name with the social security administration with this document or do I need to wait for the finalized document in March? The judge had said I could change my name with the nisi document and I have read that elsewhere online as well but now I am not so sure and don't want to waste my time going to the SSA office for no reason. Thanks so much!
ReplyDeleteTechnically the name change order is not a final order until the nisi period passes, but the real question is whether the SSA office will require the final order or not. I would suggest calling the SSA office and asking.
DeleteQuestion: My daughter and former son in law divorced...2 years later they reconciled and lived together for about 6 months. And separated again for a final time. Does that effect the initial Separation Agreement at all or does it just stay the way it is?
ReplyDeleteA period of cohabitation wouldn't change most provisions of a Separation Agreement, though not all provisions would be enforceable during that time, unless they remarried when they reconciled. In order to get more specific advice about any effect on their specific agreement, your daughter should review the agreement and specific circumstances with a local attorney. In Massachusetts, the Appeals court recently dealt with a situation where a couple re-married and then re-divorced in Duff-Kareores v. Kareores - available to read here: http://law.justia.com/cases/massachusetts/supreme-court/2016/sjc-11975.html
DeleteCan one acquire new assets, e.g.: a house, during the Nisi period without your ex-spouse able to claim part of it, or do you have to wait until the 90 day period concludes?
ReplyDeleteThis would depend on the language of the Agreement or Judgment. In most cases the asset division is finalized upon signing or the hearing, but the details of the agreement would control.
DeleteI filed for a divorce with my wife on 06/29/2017 we both have 3 children together, i filed also for full custody of children, the my wife has done all it takes to have the kids with her, the divorce case has been pending till recently we went for trial, now i am waiting for the judgment. I have been paying child support and exercising coparenting,but if the judge rules out and give out my full custody to the mother, i will only pay child support and limit the visitation. my main concern is, during the divorce final, if my kids are given to their mother for full custody, will i be fined by the state if i dont see/visit them anymore?
ReplyDeleteIn Massachusetts it is possible for the court to increase child support for parents who are involved in less than 1/3 of the parenting time for their children due to the extra cost burden that might place on the residential parent. It's not a fine, but rather a deviation that recognizes the increased costs of parenting children full-time. That being said, I encourage you to separate, as much as possible, the financial impact of your actions from the impact on the health and success of your children. Custody and support are legal constructs, but your children's success in life will depend on your and your co-parents willingness to co-parent and reduce conflict around the children, regardless of the exact schedule. You may benefit from speaking with a co-parenting mediator to learn more.
DeleteHi, I recieved a judgement divorce nisi do I have to wait 90 days from october 1,2019 which is listed or the date that is next to the judges signature. I'm so confused please help!.
ReplyDeleteIt's difficult from your description to tell which date you're referring to without seeing the Judgment. If you show your Judgment to an attorney they should be able to answer your question.
DeleteHello, My husband and I filed a final No-fault Joint Petition with a signed Separation Agreement that states we are not dividing any assets. The hearing was on Dec 23. The judge approved the divorce and separation agreement as well as granted me the petition to revert to my maiden name. My question is: if I buy a property before the divorce is absolute does that automatically make this home part of the marital assets since we are still technically married? What are my risks? My concern is any difficulty I might have in the future when selling this home, I don't want to be running around for signatures from my ex.
ReplyDeleteA Separation Agreement typically has language that addresses this issue and ensures that property acquired after the signing of the Agreement is separate property. I suggest reviewing your agreement to see if it includes clarity on this issue.
DeleteOn October 12, 2018 a judgment nisi decree was signed by both parties and the judgment was final with alimony payments to begin on that day. The absolute certificate of divorce came on January 11,
ReplyDeleteWith this information the tax deduction should be viable as the judgment decree was before 2019?
Most accountants I spoke with in 2018 indicated that the important date for determining whether the deduction would be preserved was when the Agreement was signed. However, I am not aware of any tax ruling on this issue yet. For more information read our related post: https://blog.skylarklaw.com/2018/07/will-alimony-tax-change-pressure.html
DeleteWe had been separated for 8 years. He recently disappeared for 5 months. I truly had no idea where he was so I filed for divorce. Since I could not find hi, I put a notice in the paper. I went to trial on January 28 and received a Judgement of Divorce Nisis. He returned and received the notice. Can he go to court and overturn the divorce?
ReplyDeleteThere is a certain period of time in which someone can request relief from a Judgment. It doesn't mean the court would allow him to reopen it but there is some risk.
DeleteMonday is the end of the 90 day waiting period after final divorce hearing. My ex has refused to follow through on agreements set down in separation. This has affected my tax returns and has withheld my half of the stimulus check that was to be divided in half per divorce agreement. He simply refuses to respond in any way. If I file a contest today or tomorrow because of this, will it grind this 90 day wait to a half because he has been non-compliant? I simply want what is legally mine. Stopping the divorce this way and needing to have 90 days reinstated after he has followed through is the only motivation that will work. Thank you.
ReplyDeleteA request that the court enforce a Judgment would typically be done by Complaint for Contempt. If you contest the judgment, you would risk the orders you want enforced being undone. That seems counter to what you want to accomplish. Of course, every situation is unique and to be sure what your best option is you should consult with an attorney in your county.
DeleteWhen can IRAs be divided after the separation agreement is approved by a judge?
ReplyDeleteOur brokerage firm says, "We just need…
The finalized Divorce Decree (signed by a Judge)
And the official separation agreement title page, any pages that reference the Accounts, and the signature pages.
How soon after the judge's approval can we get the finalized Divorce Decree (signed by a Judge)?
One MA divorce blog says, "anything that is in the actual Agreement (separation/divorce) would become effective and a Court Order on the date the judge approves the Agreement." That seems to mean IRAs could be divided immediately after the judge's approval.
http://alexnesson.com/what-is-and-why-is-there-a-waiting-period-after-a-divorce-agreement-is-approved-by-the-court-in-ma/
Another says, "all the substantive orders that are a part of the Separation Agreement (including child custody, property division, child support, and spousal support) will become enforceable and effective as soon as the Judgment of Divorce Nisi is entered." That seems to say IRAs could be divided 30 days after approval.
https://davislawgroupma.com/what-you-should-know-about-the-nisi-period-in-a-massachusetts-divorce/
The approval of the Agreement at the hearing doesn't immediately result in a Judgment in Joint Petition cases (30 days later), but does in Complaint cases.
DeleteThe Judgment of Divorce Nisi that then issues is a court order that is enforceable so it could be used by the IRA admin to divide the account. However, many admins prefer to wait until there is a finalized decree which is 90 days after the Judgment of Divorce Nisi, in Massachusetts. Because a certified Divorce Decree is not available until the end of the Nisi period, if that's a requirement of the Plan, then you're stuck until that's available. While I suppose a Complaint for Contempt could be filed against the IRS admin for not following the Judgment of Divorce Nisi, to test this theory, it probably woudln't be heard by the court until after the time passed anyway.