Legal Question in Family Law in Massachusetts

Re: divorce ..

If the matter is filed, the "waiting period" is until the case is heard. The Court must approve the Agreement as being fair and equitable, entered into without undue influence, fraud, or coercion. The Court must find that its child-related provisions are in the best interest of the children. This is not quite a "rubber stamping," but most Separation Agreements get approved.

Once it is heard, the agreement accepted by the Court, the Court indicates a finding of irretrievable breakdown.

The Judgment nisi is issued thirty days after the hearing.

Ninety days later, if there is no further objection, the divorce judgment becomes final without further action by the court. Objections are rarely filed, unless one party discovers out-and-out fraud during the waiting period -or- the parties reconcile. In my own twenty years, the only objection I ever files was in fact due to a last-minute reconciliation, and the parties have remained happily married ever since.

For all intents and purposes APART from remarriage, the terms of the Separation Agreement are in effect as soon as the judge approves it. Though it is not stated as such, child support and other terms are in effect both by agreement and, in essence, as a temporary order of the Court.