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Some states issue a judgment nisi in a divorce action. That type of decree has a cooling off period that varies from state to state. The couple is divorced for all practical purposes, however, the decree isn't final until the nisi period has expired and there are legal consequences for certain events that may occur during the nisi period. There may be different nisi periods for different grounds for divorce. Its purpose is to give the parties a chance to change their minds before the divorce becomes final. In that case, the parties can file a motion to dismiss and the judgment will be extinguished. There have been many cases in which this happened. A party cannot remarry during the NISI period and there are important aspects regarding inheritance in the event of death.
For example, in Massachusetts the judgment nisi does not terminate the marriage since the parties remain married during the nisi period. At the end of the nisi period the judgment automatically becomes final and the marriage is legally dissolved. If one party dies during the nisi period the other inherits as the surviving spouse. The nisi period has its roots in English Common Law.
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What is judgment of divorce?
A judgment of divorce is the decree entered by the court that legally dissolves a marriage. In some jurisdictions it takes affect immediately. In some jurisdictions there is a waiting period such as 30, 60 or 90 days, after which the decree becomes absolute and either party can remarry legally.
Why is there a six month waiting period in Oklahoma to remarry after a divorce and why is the only exception for this law that you can remarry your spouse before the six months has passed?
The six month waiting waiting period is called the nisi period. Reconciliation with one's spouse is not an exception to the rule it a reason for the rule. A divorce decree nisi isn't final until the nisi period has expired. There are legal consequences for certain events that may occur during the nisi period. Its purpose is to give the parties a chance to change their minds before the divorce becomes final or/and for completion of certain arrangements pursuant to the divorce decree.In the case of a reconciliation, the parties can file a motion to dismiss and the judgment will be extinguished. There have been many cases in which this happened. A party cannot remarry during the NISI period and there are important aspects regarding inheritance in the event of death.At the end of the nisi period the judgment automatically becomes final and the marriage is legally dissolved. If one party dies during the nisi period the other inherits as the surviving spouse. The nisi period has its roots in English Common Law.
Does an NISI degree in a divorce petition mean the person is legally separated?
A NISI decree means that court order it is attached to is not enforceable until the conditions cited are met. In cases of dissolution of marriage itusuallyindicates the period of timeuntil the final divorce decree would be granted.During the "waiting period" petitioners' can cancel the proceedings (jointly). Or the dissolution petition can be amended for valid purpose.Not all states recognize legal separation. In states that do not have specific statutes regarding such, it is assumed the coupleremain jointlyresponsibleregarding some marital matters such as financial obligations, matters concerning minor children, etc.Another PerspectiveNo. In states that use Judgment of Divorce NISI the nisi period serves the purpose of allowing the parties to change their mind about the divorce. In that case the parties can file a Motion to Dismiss the Judgment and they will remain married. Otherwise, at the end of the nisi period the divorce decree becomes absolute. Few couples change their mind but the most obvious effect is that you cannot marry until the nisi period has expired and the divorce decree becomes absolute. For example, the nisi period in Massachusetts is 90 days. In West Virginia there is no nisi period. See link for various state laws.
What is a jud nisi?
A jud nisi is a Latin legal term that means a judgment that is not final or absolute. It is an interim or provisional judgment that may be subject to change or modification before a final decision is reached in the case.
Can you get married in another state immediatedly after your divorce in Massachusetts?
No. You must obey the laws of the state where you were divorced. You need to wait at least 90 days from the date the judgment was entered. Even if you move to another state you are still married in Massachusetts until that period, the NISI period, has passed.No. You must obey the laws of the state where you were divorced. You need to wait at least 90 days from the date the judgment was entered. Even if you move to another state you are still married in Massachusetts until that period, the NISI period, has passed.No. You must obey the laws of the state where you were divorced. You need to wait at least 90 days from the date the judgment was entered. Even if you move to another state you are still married in Massachusetts until that period, the NISI period, has passed.No. You must obey the laws of the state where you were divorced. You need to wait at least 90 days from the date the judgment was entered. Even if you move to another state you are still married in Massachusetts until that period, the NISI period, has passed.
When is a divorce legal when it was granted or when it was filed?
When a divorce is filed that means one or both of the parties have filed a complaint for divorce and that filing begins the divorce process.The 'granting' of the divorce takes place when the decree is entered at the end of the divorce process. After the decree has been entered, some jurisdictions have a nisi period of 30-180 days during which the divorce is not yet absolute. After the nisi period the marriage is legally dissolved and the parties are free to marry someone else.
Does a divorce nisi mean you are separated?
No. A divorce NISI is a divorce decree that becomes absolute on the date mentioned in the decree which is typically 30 days to 90 days after the date the decree was issued.
Are you going to have a problem if your husband married you three weeks after his divorce from his ex-wife?
You need to determine if there is a nisi period following the decree before the divorce becomes final. If you married during the nisi period you may need to do it again to make it legal. Your partner should have mentioned it when you applied for the marriage license. The clerk asks if there has been any prior marriage. Many states have at least a thirty day waiting period, some have a six month period.
How long can you wait to vacate a divorce after a divorce was final?
Once your divorce is final then you are a free and single person once again. Vital Statistics can give you a copy of the divorce document.AnswerA divorce can be vacated (marital relationship resumed) during the NISI period which varies by state. You need to check the laws in your state.
How long does it take for the court to file a divorce decree so I can get remarried?
The decree is recorded by the court soon after it is issued by the judge. However, some states have a cooling off period before it becomes absolute. That is called the nisi period. You need to check your particular jurisdiction since nisi periods vary from state to state.The decree is recorded by the court soon after it is issued by the judge. However, some states have a cooling off period before it becomes absolute. That is called the nisi period. You need to check your particular jurisdiction since nisi periods vary from state to state.The decree is recorded by the court soon after it is issued by the judge. However, some states have a cooling off period before it becomes absolute. That is called the nisi period. You need to check your particular jurisdiction since nisi periods vary from state to state.The decree is recorded by the court soon after it is issued by the judge. However, some states have a cooling off period before it becomes absolute. That is called the nisi period. You need to check your particular jurisdiction since nisi periods vary from state to state.
How long do you have to wait to remarry after a divorce in Massachuestts?
90 days:Chapter 208 Section 21: Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.90 days:Chapter 208 Section 21: Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.90 days:Chapter 208 Section 21: Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.90 days:Chapter 208 Section 21: Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.
After divorced is it okay to get together again with temp marriage?
It's OK for you to get together with your X any time you want to. But I don't think there is such a thing as a "temp marriage". You either are or you're not married. If you are thinking that you'll try it again by playing "married" for a while to see how it goes....it sounds like you still have issues. It might be better to resolve those before you cohabit ate again.AnswerGenerally, in most jurisdictions a couple who has filed for divorce is granted a Decree NISI. Under the NISI, there is a waiting period during which the decree is not absolute. In Massachusetts that waiting period is 90 days. If the couple gets back together during the NISI period the divorce decree is nullified. After 90 days, or, the NISI period, if the couple remained apart the decree becomes absolute. If the couple wishes to be married again they must be married legally, again. There is no such legal state as "temporarily married". Either you are married or you are not married. Many couples have a history of multiple marriages and divorces.
