How Long Does a Divorce Take?
If you’re considering divorce in Massachusetts, one of the first questions you might have is, “How long will this take?” The answer depends on several factors, including whether the divorce is contested (known as a “1B” divorce) or uncontested (referred to as a “1A” divorce). Here’s an overview of each process and what to expect regarding timelines, including the state’s mandatory waiting period, known as the nisi period.
Uncontested Divorce (1A)
In an uncontested or “1A” divorce, both parties agree on all key issues, including property division, child custody, and support. This streamlined process tends to be faster and less costly since it doesn’t require prolonged litigation. Here’s how it works:
Filing and Hearing: After both spouses file a joint petition, the court typically schedules a hearing within 30-45 days.
Nisi Period: Following the hearing, there’s a mandatory 30-day “nisi period.” During this time, the divorce isn’t finalized, giving both parties a final window to reconsider.
Finalization: After the nisi period, the divorce automatically becomes final, generally taking effect 90 days later.
In total, an uncontested divorce in Massachusetts can take around 120 days from the hearing date.
Contested Divorce (1B)
A contested or “1B” divorce happens when spouses can’t agree on key issues, requiring the court’s intervention to resolve disputes. This process is usually longer due to negotiations, potential discovery, and court hearings. Here’s what to expect:
Filing: One spouse files a complaint for divorce, starting the process.
Case Progression: The timeline for contested divorces can vary widely based on the complexity of the issues and each party’s willingness to reach an agreement.
Nisi Period: After the final hearing or judgment, there’s a 90-day nisi period. During this time, the divorce isn’t officially finalized, providing one last opportunity for reconsideration.
For contested divorces, the process can take anywhere from several months to over a year, depending on the level of conflict, and then add the nisi period.
What Is the Nisi Period?
The nisi period is a unique waiting period in Massachusetts divorces. This period is intended to give both parties time to reflect on the divorce decision and finalize post-divorce arrangements. During the nisi period, the divorce is not legally finalized, which means couples are technically still married. Once the nisi period ends (30 days for uncontested and 90 days for contested divorces), the divorce is finalized automatically without additional action.
Why the Right Legal Support Matters
Navigating a divorce—whether contested or uncontested—can be challenging, and having an experienced attorney from Poppy Legal Group on your side ensures you stay informed at each step. We help make the process as smooth and efficient as possible, guiding you through timelines, paperwork, and court procedures so you can focus on moving forward.
