tag:blogger.com,1999:blog-3477794429426738181.post6436571478211269495..comments2024-03-03T03:46:33.934-05:00Comments on Skylark Blog: What is the purpose of the Divorce Nisi waiting period?Kelsey & Trask, P.C.http://www.blogger.com/profile/05241677623102829217noreply@blogger.comBlogger76125tag:blogger.com,1999:blog-3477794429426738181.post-44033906103384320072021-11-07T21:53:03.804-05:002021-11-07T21:53:03.804-05:00The approval of the Agreement at the hearing doesn...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. <br /> The 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. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-26813088895069722262021-11-07T20:15:28.005-05:002021-11-07T20:15:28.005-05:00When can IRAs be divided after the separation agre...When can IRAs be divided after the separation agreement is approved by a judge? <br /><br />Our brokerage firm says, "We just need…<br />The finalized Divorce Decree (signed by a Judge)<br />And the official separation agreement title page, any pages that reference the Accounts, and the signature pages.<br /><br />How soon after the judge's approval can we get the finalized Divorce Decree (signed by a Judge)?<br /><br />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. <br />http://alexnesson.com/what-is-and-why-is-there-a-waiting-period-after-a-divorce-agreement-is-approved-by-the-court-in-ma/<br /><br />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. <br />https://davislawgroupma.com/what-you-should-know-about-the-nisi-period-in-a-massachusetts-divorce/Franklinhttps://www.blogger.com/profile/01630766602512248003noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-3542211398281975652021-04-15T12:24:17.006-04:002021-04-15T12:24:17.006-04:00A request that the court enforce a Judgment would ...A 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.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-23942906015849647272021-04-15T12:00:31.944-04:002021-04-15T12:00:31.944-04:00Monday is the end of the 90 day waiting period aft...Monday 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.Kim Quinnhttps://www.blogger.com/profile/15451474923511364527noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-71704469067867653372020-03-19T14:23:02.180-04:002020-03-19T14:23:02.180-04:00There is a certain period of time in which someone...There 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. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-70719150692259157752020-02-11T18:45:01.044-05:002020-02-11T18:45:01.044-05:00 We had been separated for 8 years. He recently d... We 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?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-1438739673086955662020-02-10T08:46:25.986-05:002020-02-10T08:46:25.986-05:00Most accountants I spoke with in 2018 indicated th...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.htmlSkylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-12866553633147614912020-02-08T12:15:31.812-05:002020-02-08T12:15:31.812-05:00On October 12, 2018 a judgment nisi decree was sig...On 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, <br /> With this information the tax deduction should be viable as the judgment decree was before 2019?Ingridhttps://www.blogger.com/profile/00597947596102645231noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-86249880898114410642020-01-16T12:47:52.138-05:002020-01-16T12:47:52.138-05:00A Separation Agreement typically has language that...A 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.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-44194070048920856442020-01-16T11:24:17.891-05:002020-01-16T11:24:17.891-05:00Hello, My husband and I filed a final No-fault Joi...Hello, 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.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-5713196269384049872019-11-12T23:49:25.723-05:002019-11-12T23:49:25.723-05:00It's difficult from your description to tell w...It'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.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-5107955600129787402019-11-09T19:12:20.728-05:002019-11-09T19:12:20.728-05:00Hi, I recieved a judgement divorce nisi do I have ...Hi, 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!. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-51539682623957720812019-05-13T14:46:44.819-04:002019-05-13T14:46:44.819-04:00In Massachusetts it is possible for the court to i...In 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.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-85545132085469869042019-05-10T00:22:48.081-04:002019-05-10T00:22:48.081-04:00I filed for a divorce with my wife on 06/29/2017 w...I 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? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-28900254467074138862018-04-13T21:52:48.885-04:002018-04-13T21:52:48.885-04:00This would depend on the language of the Agreement...This 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. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-7401845286565730702018-04-10T21:36:58.801-04:002018-04-10T21:36:58.801-04:00Can one acquire new assets, e.g.: a house, during ...Can 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?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-36290392445929876452016-12-13T17:49:13.922-05:002016-12-13T17:49:13.922-05:00A period of cohabitation wouldn't change most ...A 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.htmlSkylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-46382200547954333982016-12-13T17:30:43.712-05:002016-12-13T17:30:43.712-05:00Question: My daughter and former son in law divorc...Question: 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?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-56191154816715781902015-12-30T15:35:29.779-05:002015-12-30T15:35:29.779-05:00Technically the name change order is not a final o...Technically 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.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-79136538007427205752015-12-28T15:59:43.041-05:002015-12-28T15:59:43.041-05:00Just a quick question regarding name change. I am ...Just 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!Sarahnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-1560057230540085972015-10-27T12:14:14.305-04:002015-10-27T12:14:14.305-04:00These are all excellent questions but outside the ...These 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.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-4113152159985246932015-10-27T11:38:25.574-04:002015-10-27T11:38:25.574-04:00the other info is the same though. I was married O...the 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. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-11868325870001071932015-10-27T11:22:05.561-04:002015-10-27T11:22:05.561-04:00I'm not sure what your comment about abuse has...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. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-17117178114525775682015-10-27T11:12:26.762-04:002015-10-27T11:12:26.762-04:00Funny, my situation was the same, same dates and e...Funny, 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!<br /><br />What 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?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-25834953765551508832015-10-18T19:36:01.307-04:002015-10-18T19:36:01.307-04:00It is possible from these facts that you were neve...It 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. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.com