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My Spouse Does Not Want a Divorce!

Under the law, if a judge hears from one spouse testimony that a marriage is over, the judge is obligated to find that there is an irretrievable breakdown of the marriage. It takes two people to make a marriage work.  If one person believes the marriage is broken down, then the judge will make that finding and enter a Judgment Nisi or a Judgment of Divorce. In Massachusetts, after a hearing on the merits of divorce a Judgment Nisi is entered.  The divorce will not be final for 90 days from the date of the hearing on the merits.

A judge will not order the couple to engage in marriage counseling, but may ask if counseling was attempted.

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