“You didn’t always hate each other. There had to be nice moments, during the courtship, maybe? Or the wedding?”
-John Beckwith, Wedding Crashers (2005)
The “Divorce Nisi” period is one of the strangest legal concepts for people to grasp. Most people assume that their divorce is final on the day that a Judgement of Divorce is ordered; however, in Massachusetts, parties have to wait 90 days longer for their divorce to become final or absolute.
After months of fighting over airline miles, the Nisi period gives the parties an opportunity to “put away the swords” and consider reconciliation before their divorce becomes final. How often does this happen? Not often, but we always believe in looking at a glass half full and with the hope that it could. There are two defining characteristics of the “Nisi” period:
1. Neither party can remarry; and
2. If the Nisi period has not ended by December 31, the Parties will considered married for tax purposes and must file “joint” or “married, filing separately” for that year.
As always, please let us know if we can be of assistance to you.
It’s ironic that we approach a holiday week that celebrates independence from England by reflecting on how independent we are not. This year is a little different for us. We aren’t going to comment on the immigration issues that divide our country at the moment. What we are thinking about is how we are never truly independent.
This week, the announcement was made public by Wicked Local that we won the best local attorneys in the region. As the news broke, we couldn’t help but thinking about how we got here and it’s not from being independent.
We are the faces of WJS Legal, but we are not the reason for our success. We would be lost without Katie and Kyla, who help keep us organized and moving forward flawlessly. We could not succeed without our realtors and lenders. Our survival depends on our family law clients who trust us with the most intimate and sensitive parts of their lives. We need all of you, who believe in us and support our work. We are, truly, only two people who are surrounded by greatness.
Thank you for always supporting us and Happy 4th of July!
John and Faye
Do you know what goes really well with chocolate chip waffles and Fruit Loops? Donuts!
Not really, but there are many grandparents who believe “what happens at Nana’s, stays at Nana’s.” We know one set of grandparents who have something called “BG Day,” where breakfast with grandparents consists of desserts first, followed by an actual breakfast if the kids have room in their bellies.
Grandparents have certain rights. They get to load them them up on empty calories and sugar then send them home to crash. They get to buy them gifts for the rarely recognized holiday of “Saturday.” Most importantly, they get to visit with their grandchildren.
It’s not uncommon that grandparents get caught in the cross hairs of divorce. In the most extreme circumstances, grandparents are denied visitation by their “outlaw;” however, unless there is a justifiable reason to deny a grandparent visitation, it is usually presumed that it is in the best interest of the child(ren) to foster that relationship.
As always, please let us know if you have any questions about this or any other matter.
John and Faye
For more information, please see:
What is Earnest Money? Buyers typically give a deposit when they make an offer on a house. The money is provided to demonstrate that you are “earnest” or serious about buying their home. The amount of earnest money given usually depends on local custom, but a serious buyer might opt to give more to show commitment.
In most cases, the earnest money goes towards the eventual purchase of the house; however, there are two primary scenarios where you Buyers might have earnest money returned:
1. Rejected offer. If you make an offer to buy a house and the seller turns it down, they are required to give you the earnest money back; OR
2. Contingencies. When you make an offer to buy a house, the offer is usually contingent upon certain things, like a home inspection. If the inspection uncovers a serious flaw which is unacceptable, can’t be fixed, or the seller is unwilling to fix, you will also get your money returned.
To the contrary, if you back out of the Offer or Purchase and Sales for no good reason (ex. you decide you just don’t like the house or location), you might forfeit your earnest money. Like so many things in the law, we look at the return of earnest money on a case by case basis to determine what is right or just.
As always, please feel free to contact us with questions that you may have about this or any other legal issues.
Disclaimer: The material contained in this website does not constitute legal advice or a legal opinion as to any particular matter. Nor is it intended to create an attorney-client, business or professional relationship. You should not rely on the information contained in this website without first speaking with an attorney. No claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website are made. This material may be considered advertising under the rules of the Supreme Judicial Court of Massachusetts.