How Long After Divorce Can You Remarry in Massachusetts?

You cannot remarry in Massachusetts until your divorce is fully final — meaning the judgment nisi has become a judgment absolute. Depending on the type of divorce you filed, that takes either 90 or 120 days after the court approves your case.

A marriage contracted before the nisi period expires is legally void. Not voidable, not fixable — void from the start.

The Two Timelines

Massachusetts law (G.L. c. 208, § 21) requires every divorce judgment to go through a mandatory waiting period called the nisi period before becoming final.

Uncontested divorce (Section 1A — Joint Petition):

• Day of court hearing: Judge approves your separation agreement
• 30 days later: Judgment nisi enters automatically
• 90 days after nisi entry: Judgment becomes absolute
• Total wait: 120 days from the hearing date

You can remarry starting on day 121.

Contested divorce (Section 1B — Complaint):

• Day of judgment: Judge enters the nisi judgment immediately after trial or settlement
• 90 days later: Judgment becomes absolute
• Total wait: 90 days from the judgment date

You can remarry starting on day 91.

The nisi period is fixed by statute. There is no mechanism to shorten it, regardless of circumstances.

Why You're Still Legally Married During the Nisi Period

This is the part that catches people off guard. During the 90-day nisi period, you are still legally married under Massachusetts law. The divorce has been approved but not finalized.

This affects more than just remarriage:

• Tax filing: If the nisi period spans December 31, you must file your state and federal taxes as married (jointly or separately) for that entire year
• Estate rights: Your ex-spouse retains statutory inheritance rights until the judgment absolute enters
• Health insurance: The Rule 411 automatic restraining order remains in effect, preventing either party from removing the other from health or dental coverage

What Happens If You Remarry During the Nisi Period

Any marriage entered before the judgment absolute is legally void under Massachusetts law. This isn't a technicality — it means the second marriage never existed in the eyes of the law, with serious consequences:

• The new spouse has no marital rights (property, inheritance, insurance benefits)
• A party who knowingly remarries while still legally married may face prosecution for polygamy
• Any children born during the void marriage may face legitimacy complications, though Massachusetts law generally protects children regardless

If you've already planned a wedding, verify your exact judgment absolute date before the ceremony. The court does not send you a notification when the nisi period expires — it happens automatically.

How to Confirm Your Divorce Is Final

The court does not automatically send you a certificate when the nisi period expires. To get proof that your divorce is final, request a certified copy of your Certificate of Divorce Absolute from the Register of Probate in the county where the divorce was granted. Use Form PFC 18 ($20 per copy, payable by money order or cashier's check).

If you're planning a wedding, get this certificate before booking the venue. Many town clerks in Massachusetts will ask for proof that a prior marriage has been dissolved before issuing a new marriage license.

Planning a Wedding? Count the Days Carefully

If your uncontested hearing was on January 15, count 120 days forward: your judgment absolute enters on May 15, and you can legally marry on May 16.

If your contested judgment entered on March 1, count 90 days forward: your judgment absolute enters on May 30, and you can marry on May 31.

Build a buffer of at least a week beyond the absolute date when setting your wedding date. Court closures, administrative delays, or errors in date calculation aren't worth the risk.

The Massachusetts Post-Divorce Checklist includes a nisi-to-absolute timeline calculator, plus the full sequence of post-divorce administrative tasks — from certified document requests to name changes, beneficiary updates, and financial account separation — so your new chapter starts with a clean slate.

See more Massachusetts guides →