Frequently Asked Questions: Divorce And Family Law
Is An Uncontested Divorce Final On The Date Of The Divorce Hearing?
No, there is either a 120 day or a 90 day period before the judgment becomes absolute (final). When the court hears a Joint Petition For Divorce, 30 days after the date of the hearing a Judgment Of Divorce Nisi issues. This Judgment Of Divorce Nisi becomes an absolute judgment of divorce 90 days thereafter, such that the divorce is not final until at least 120 days have passed after the divorce hearing. When a Complaint For Divorce is heard, as opposed to a Joint Petition For Divorce, the Judgment Of Divorce Nisi generally enters on the date of the hearing, and it becomes final 90 days thereafter. The parties remain married to one another during the Nisi period, and the marital relationship does not terminate until the absolute judgment enters.