Divorce can be an overwhelming and frustrating process, and many couples wish it were over with sooner rather than later. Some states impose a mandatory waiting period before a divorce can be considered final. If you want to dissolve your marriage in Massachusetts, understanding the legal requirements is crucial. For more information and to obtain skilled representation, reach out to a Middlesex County divorce attorney today.
Is There a Waiting Period for Divorce in MA?
Yes, Massachusetts state law imposes a mandatory waiting period for divorce, referred to as the “nisi” period. The divorce nisi is the time between a judge granting your divorce and the divorce becoming final.
Massachusetts recognizes both fault and no-fault divorces, with no-fault divorces being divided into categories called 1A and 1B. The waiting period varies depending on the type of divorce the couple has filed for.
In a 1A no-fault divorce, where both spouses agree the marriage has irretrievably broken down and have settled the terms of all relevant issues, the waiting period is 120 days from the date the judgment was issued. In a 1B no-fault divorce or a fault-based divorce, the waiting period is 90 days from the date the judgment was issued. There are no exceptions to the waiting period; it applies to all spouses who file for divorce in the state.
Why is There a Waiting Period?
The waiting period serves a few different purposes in Massachusetts. During the divorce nisi, both spouses have the opportunity to rethink their decision and change their minds. The waiting period allows them to really consider the choice they are making to ensure it is truly what they want. This time encourages reconciliation. If the parties decide they want to remain married before the nisi period has expired, they can do so, and the divorce can be dismissed. However, if the divorce is finalized before they decide to get back together, they will have to remarry.
The nisi also offers the chance to ensure both parties were truthful during the negotiation process. The time can be used to double-check that both spouses offered full disclosure regarding their financial situation and assets. This window can be used to resolve any outstanding issues before the divorce becomes final.
How Long Will My Divorce Take in MA?
The amount of time it will take for your divorce to become final depends on the specific circumstances of your relationship and situation. In a 1A divorce where both you and your spouse agree on all issues, the process can be resolved in as little as 4 to 6 months, including the nisi period.
However, it is more likely that negotiations or litigation will be required to settle issues like property division, alimony, child custody, and child support. A 1B or fault-based divorce could take a year or more to resolve.
Reach out to a skilled family lawyer for more information and legal advice today.
