After the required uncontested divorce paperwork for Massachusetts has been filed in Probate Court, both spouses must attend a short hearing to finalize their divorce. The judge reviews the particulars of the case and the divorce. The judge makes a ruling right away, finding that the marriage is irretrievably broken and that the Marital Settlement Agreement signed by both parties is not product of duress or coercion, and it is fair and reasonable.
When one spouse cannot attend the hearing, he or she can file an affidavit asking to be excused. However, such requests are generally only granted when the non-attending spouse lives far enough away that traveling to MA divorce court is cost prohibitive or if that spouse is physically unable to travel.
In a Massachusetts uncontested divorce, the judge explains to the spouses that a Judgment of Divorce will enter in 30 days and will become effective 90 days later. In a contested divorce action there is a waiting period of 120 days after 30 days of entering the Judgment of Divorce for the divorce is to be final. If the divorce started as a contested divorce, then the judgment becomes final 90 days after the hearing.
During the 90 or 120 day period of time, the parties remain married and cannot remarry. After the expiration of that waiting period (called the Nisi period), they will automatically be divorced. Learn more about attending a Massachusetts divorce hearing.Other Helpful Information for Doing Your Own Divorce in Massachusetts
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