Legal Question in Family Law in Massachusetts
90 or 120 days til finalized? Might have still been married
My husband and I were granted a divorce on April 18, 2001. It was a Joint Petition hearing. The finding was filed March 19,2001, under MGL CH.208, Sec 1A. The judge found that an irretrievable breakdown of the marriage did exist. I was not represented by an attorney, my husband was. My divorce decree (a very faded faxed copy that I recieved from HIS lawyer) claims this divorce was absolute on July 18, 2001. My (ex) husband passed away on August 2, 2001. His family claimed I was no longer married to him, refused to let me into my former home, would not let me retrieve our last will and testament, yet the death certificate says I was his spouse. I am under the assumption that giving the info above, my divorce was not actually final until August 18, 2002, 120 days after the finding, since my late ex's family was acting very scared about me entering my former home and settling affairs. I know a divorce can be final within 90 days, but I see nothing about that listed in my divorce decree. So regardless of the fact that it lists ''absolute'' as July 18, is it actually 120 days after the finding? His attorney also made mention of not getting remarried until after August. Thanks for reading this.
1 Answer from Attorneys
Re: 90 or 120 days til finalized? Might have still been married
Did you post this question to MA attorneys?
It reads as if it very specific to MA law.
The answer depends upon MA law.
In Texas, a divorce is final at the time the order is signed, however, can be appealed during the first 30 days. So even though it is final, attorneys will advise clients to wait the 30 days until time expires.
Your post reads as if MA law is different.
You need a consultation with a MA lawyer. Also, as an aside, this occurred five years ago -- you may have run out of time to dispute this.
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