Decree Nisi: What It Means in a Divorce

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US Records Team shieldWritten by US Records TeamLast reviewed

A decree nisi is a divorce order that is issued first and becomes final, or absolute, after a waiting period. In Massachusetts it is called a judgment nisi, and Mass.gov describes it as the period between when a judge grants the divorce and when it becomes final.

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How it works in Massachusetts

Nothing more is needed from the spouses for the divorce to become final. According to Mass.gov:

  • For a no-fault 1A divorce, the divorce becomes final 120 days after the judgment date.
  • For a 1B or fault divorce, finality is 90 days from the hearing date if a judgment is entered.
  • You cannot remarry until the waiting period ends.

Mass.gov's pages also state the nisi period as 90 days in one place and 120 days in another, so confirm your exact date with the Probate and Family Court.

The Massachusetts Department of Revenue explains that a nisi judgment does not change marital status. The marriage remains in force until the judgment becomes absolute. That directive dates from 1989, so check current guidance.

Records

Once the divorce is final, Mass.gov says the court does not send a decree. It may be called a Certificate of Divorce Absolute, and you request a certified copy from the court that granted the divorce.

Frequently asked questions

Am I divorced during the nisi period?

Not yet in Massachusetts. The marriage remains in force until the judgment becomes absolute.

Is this used in every state?

No. Terms and timing vary by state. Massachusetts uses a nisi period; other states handle finality differently.

How do I get proof that my divorce is final?

Request a certified copy from the court that granted it. In Massachusetts it may be called a Certificate of Divorce Absolute.

Sources

US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.

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US Records Team

The US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.

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