How Do I Know When My Divorce Is Final?


Due to the many steps in the divorce process, it can be easy to find yourself confused about when exactly your divorce is finalized and legal.

In order to legally remarry in Massachusetts, your divorce must first be finalized and recognized under Massachusetts state law.  This happens once the nisi period is over.  The nisi period is the time from when the court enters your divorce judgment to when the divorce becomes final by operation of law.  An uncontested divorce is not final until 90 days from the date the judgment is entered and a contested divorce is not final until 120 days from the date of the judgment.

Once your divorce is final you can then request a divorce decree which is the court’s formal order granting a termination of your marriage.  If your divorce goes to court and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge.  In Massachusetts this will not automatically be given to you, you must request a copy.  After a divorce, it is always important to keep all important paperwork and information on file.  Things like your divorce decree, conditions of a settlement agreement, or any custody agreements.  After your divorce is finalized you will be able to legally change your name, apply for a mortgage, remarry and apply for social security.

A Divorce is a legal ending to a marriage, but it is not the end of your life.  Maclachlan & Allen, LLP, led by Divorce Attorney Aaron E. Allen and his over 14 years of experience, is your best resource to assist you in filing for divorce.  If you are facing a divorce or other issue regarding a marital breakup it is important that you have sound and intelligent legal guidance.  Contact Maclachlan & Allen LLP at (978) 745-9569 today!



Difference Between Contested & Uncontested Divorce

There are two types of divorce, contested and uncontested.

Contested Divorce

A contested divorce is when the two parties cannot arrive at an agreement on one or more issues and must be brought to court to adjudicate the dispute.  Many divorces today are considered contested due to the fact that there are so many different issues that must be resolved during the course of a divorce. Some of these issues include:

  • child custody
  • child support
  • property division
  • asset distribution
  • debt allocation
  • alimony
  • temporary spousal support

These topics can be very sensitive and often spouses are unable to come to an agreement without the assistance of an experienced and skilled attorney.

Uncontested Divorce

An uncontested divorce is when the two parties are able to come to an agreement on all issues required to conclusively and effectively terminate their marriage.  They do not need the court to intervene on the division of assets or to make a determination about spousal support or child custody.  However, even with an uncontested divorce you need an experienced and skilled attorney to assist with the drafting of a formal Divorce Agreement.  After both parties sign the Divorce Agreement the attorney will then file with the court and assist the parties in getting the divorce Judgement.

This does not necessarily mean that the divorce was amicable.  Instead, it means that all disputed items raised between the couple were settled without court intervention.  If possible, uncontested divorces are often preferred by couples because of the speed, simplicity, convenience, privacy, and cost effectiveness.  You will benefit from having an experienced and skilled divorce attorney on your side even with an uncontested divorce.

To find out more regarding both uncontested and contested divorce contact the skilled and experienced divorce attorneys at Maclachlan & Allen LLP located in Salem, MA.


Why Do I Need A Divorce Lawyer?

Have you or your spouse recently filed for divorce? A divorce can be a scary and confusing time, and on top of that dealing with the complicated legal system on your own may be more than you can handle. Like many aspects of a divorce, whether you need a lawyer or not is really dependent on the parties involved. Some couples are able to settle their differences without ever stepping foot in a court, while other divorces become a long and complicated process.

But in most cases having someone by your side to help you through the process can go a long way.  Here are a few reasons that you should consider when deciding whether to hire an attorney during a divorce proceeding.

Help reduce stress

Going through a divorce can be a stressful time for everyone involved. By hiring an attorney to help you through the legal issues you can help reduce some of the stress that is involved. A divorce attorney can take care of the entire process for you, allowing you to take the time to care for yourself and your family during this difficult time.

Understand the System

An experienced divorce attorney will understand the legal system and help you get everything you deserve during a divorce. In many cases, an even split of the couple’s assets is not the outcome. If your marriage has any complicated issues to settle you will want the help of an attorney. If there is child custody and/or support issues, income or debt issues, or assets and future assets issues, then hiring an attorney to help protect your interest will pay off in the long run.

Avoid mistakes and delays

Having a divorce attorney on your side can help you avoid mistakes you may have made on your own. Two of the main reasons people make mistakes during a divorce is that they do not fully understand the legal system and they are too stressed too think clearly.  Making mistakes in your divorce proceeding can cause financial harm or could delay the process, costing you even more money. By hiring an attorney you can rest assured that the case is being handled properly and that you will avoid any costly mistakes or delays in your proceedings.

If you are going through divorce and looking for an experienced professional and compassionate divorce attorney, contact the attorneys at Maclachlan & Allen, LLP.

The team of attorneys at Maclachlan & Allen, LLP specialize in Family Law, Divorce and Custody-Support-Visitation. We understand the legal process of Divorce in Massachusetts. At Maclachlan & Allen, LLP we will help you through each step of the process and get you what you deserve.