How long it takes to get divorced can be divided into three stages: Stage 1: How long does it take you to start your divorce process?  This is completely up to you and your spouse. Stage 2: How long does your divorce process take?  This can depend significantly on the type of process you choose.  Mediation is typically faster than going to court, for example. Stage 3: How long does it take for a divorce to become final once filed with the court?  In Massachusetts, once a divorce is finalized by approval of an agreement by a Judge or by a judgment after trial, there is still a waiting period before the divorce is final.  This is called the Nisi period.  In a Joint Petition for Divorce this waiting period is 120 days.  In a Complaint for Divorce this is a 90 day waiting period (though it's also important to note that a Complaint cannot go to Judgment until at least six months after the date of service). Given this 120 waiting period if you're lo...

As we covered in a previous post ( What happens after my Divorce Agreement is approved by a Judge? ), there is a 90-120 day waiting period after your divorce is allowed before it becomes final in Massachusetts. But that 90-120 day waiting period may not be exactly 90-120 days from your settlement date: If you filed a Joint Petition for Divorce in Massachusetts then you will participate in an uncontested divorce hearing and the Judge will then issue Findings of Fact the day of the hearing. A Judgment of Divorce Nisi will issue after thirty (30) days, and it will become Absolute after a further ninety (90) days. This means that if you file a Joint Petition for Divorce you are not legally and officially divorced until at least 120 days after the divorce hearing date. If you filed a Complaint for Divorce then your case will end either with a trial (if you don't settle) or an uncontested divorce hearing (if you settle). If you reach an Agreement, then a Judgment of Divorce Nisi w...

If you filed a Joint Petition for Divorce in Massachusetts then you will participate in an uncontested divorce hearing and the Judge will then issue Findings of Fact the day of the hearing.  A Judgment of Divorce Nisi will issue after thirty (30) days, and it will become Absolute after a further ninety (90) days. This means that if you file a Joint Petition for Divorce you are not legally and officially divorced until 120 days after the divorce hearing date. If you filed a Complaint for Divorce  then your case will end either with a trial (if you don't settle) or an uncontested divorce hearing (if you settle).  If you reach an Agreement, then a Judgment of Divorce Nisi will issue and be effective as of the date of the uncontested divorce hearing, and it will become Absolute after a further ninety (90) days. This means that if you file a Complaint for Divorce you are not legally and officially divorced until 90 days after the divorce hearing date. Therefore...

There are two certainties in life: Death and Taxes. We've already written about how divorce and estate planning are interrelated, but what about divorce and taxes? In all cases a divorce will affect some part of your tax return. In most cases there will be numerous changes in your income tax liability after your divorce and you should give consideration to what changes will take place because this could be a factor in determining the best divorce settlement for you. In some cases these changes may be complicated enough that your attorney should involve an accountant or certified financial planner to help analyze the different options. Our next five blog posts will explore the various issues raised by the interrelation of divorce and taxes so that you are at least aware of the issues to be on the lookout for. Issue #1. MARITAL STATUS: The most obvious way that a divorce will affect your taxes is by changing your marital status. This is a change to your federal income ta...

In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. 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, be...

In Massachusetts there are statutory waiting periods that control when the divorce becomes final (also called Absolute). Until the divorce is officially final you cannot remarry anywhere without committing bigamy (i.e. being married to two people). In Massachusetts the length of this waiting period depends on the type of divorce case. In a Joint Petition for Divorce under Section 1A of M.G.L. c. 208, if both parties agree that there has been an irretrievable breakdown of the marriage and agree on all other issues related to their marriage, as described in a Separation Agreement, then you can file a Joint Petition for Divorce. The Court will set a date and time for an uncontested divorce hearing, once you have filed a Joint Petition for Divorce, a certified copy of the Marriage Certificate, an Affidavit of Irretrievable Breakdown, a Certificate of Absolute Divorce or Annulment, a Separation Agreement, two Rule 401 Financial Statements, and two Certificates of Attendance at the Paren...

CNN recently reported on the developing trend of divorce ceremonies in Japan . These ceremonies in many respects parallel weddings, with friends and relatives present and a reception afterward. However, the substance is often cathartic instead of celabratory. For example, during the ceremony both the husband and the wife together smash a wedding ring with a mallet, they eat at separate tables during the reception, and the musician at the reception sings about breaking up. While the existence of these ceremonies seems diametrically opposed to the American way of handling a divorce (parodied here by Indigo Productions), the thinking is to provide a symbolic ending so that both the husband and the wife can move on to the next stage of their lives. In Massachusetts, the closest thing to a divorce ceremony that we have is the uncontested divorce hearing. Very different from a trial, the uncontested divorce hearing occurs when both parties agree to the divorce and have reached an ...