Legal Question in Family Law in Massachusetts
judgement of divorce nisi
i have never recieved a final judgement for my divorce ,i have a judgement of divorce nisi, that states an absolute date on it of april 11,1996, but have never been told to go back to court for final judgement, i thought this was all i had to do, now i am told that this is not final judgement and i am still legally married,i have since gotten married and so has my husband that i divorced,without a final decree are we legally divorced?
4 Answers from Attorneys
Re: judgement of divorce nisi
A judgment of divorce nisi states on it that it will become final within 90 days unless a court orders otherwise. The court does not provide you with a copy of a decree absolute unless you pay the court a $20 fee. The divorce is final when the court enters the decree absolute on the docket. Even if you don't have a copy, you are divorced if the docket says you are divorced.
: judgement of divorce nisi
Theoretically, you should be divorced. I am not sure what you have and what is the problem. If you need help, call me.
Re: judgement of divorce nisi
Mr. Pransky's answer is absolutely correct. Unless the court entered an Order setting aside the judgment of divorce nisi, you are divorced. You can obtain a certified copy of your divorce judgment or a judgment of absolute divorce by going to the probate court where you were divorced and paying the fee to get one. You are divorced if the court docket says you are divorced.
Re: judgement of divorce nisi
Four lawyers in agreement -- we should form a Barbershop Quartet.
YOU ARE DIVORCED unless someone went back to the court to seek a revision of the judgment in the "nisi" period (90 days). After that, the divorce became "final by operation of law." As another attorney here said, the Court does NOT send a "final judgment (but I think the charge was $25.00 when I recently obtained a certificate of my own judgment).
Whoever is giving you incorrect information should turn in his or her license to practice law, if he or she has one, or should at LEAST keep out of Probate and Family COurt.