Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 21 (2026)

Divorce judgments; entry

✓ current as of July 2026

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Section 21. Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.

Notes of Decisions

Cited in 43 cases, 1923–2015 · leading case: Mailer v. Mailer, 439 N.E.2d 811 (Mass. 1982).

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Mailer v. Mailer, 439 N.E.2d 811 (Mass. 1982). · cites it 6× “See G. L. c. 208, § 21. Also at issue is the correctness of the Probate Court judge’s dismissal of the plaintiff’s appeal for failure to file a transcript, as required by Mass.”

Chin v. Merriot, 23 N.E.3d 929 (Mass. 2015). “See G. L. c. 208, § 21. It is unclear from the record why the judgment absolute in this case entered on January 19, 2012.”

Schuler v. Schuler, 416 N.E.2d 197 (Mass. 1981). “See G. L. c. 208, § 21. A prior written separation agreement was incorporated and merged in the judgment.”

Hinds v. Hinds, 341 N.E.2d 702 (Mass. App. Ct. 1976). · cites it 3× “G. L. c. 208, § 21, as amended through St.”

Singer v. Singer, 391 N.E.2d 1239 (Mass. App. Ct. 1979). · cites it 3× “” 7 *117 We hold that the entry of a judgment of divorce nisi for one spouse, even though stayed pending appeal, precludes the entry of a divorce nisi for the other spouse unless the divorce is stayed for "sufficient cause” under G. L. c. 208, § 21. We also hold there is no…”

Commonwealth v. Chretien, 417 N.E.2d 1203 (Mass. 1981). “Under G. L. c. 208, § 21, the judgment was to become final on April 10, 1979.”

Ross v. Ross, 430 N.E.2d 815 (Mass. 1982). “Notwithstanding the fact that a judgment nisi is a judgment of divorce, G. L. c. 208, § 21, we hold that a couple is not divorced until the judgment becomes absolute.”

Putnam v. Putnam, 358 N.E.2d 837 (Mass. App. Ct. 1977). “G. L. c. 208, § 21 (as amended through St.”

Caffyn v. Caffyn, 806 N.E.2d 415 (Mass. 2004). “See G. L. c. 208, § 21 (“Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof .”

Forcier Ex Rel. Est. of Forcier v. Metro. Life Ins., 469 F.3d 178 (1st Cir. 2006). “See Mass. Gen. Laws ch. 208, § 21 . On October 21, 2003, Darren committed suicide (and, therefore, the divorce never became final).”

In Re Webber, 278 B.R. 294 (Bankr. D. Mass. 2002). “As of the date of the Debtor’s bankruptcy filing, the judgment of divorce nisi had entered but had not become absolute. In Massachusetts law, “judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from…”

Stansel v. Stansel, 432 N.E.2d 691 (Mass. 1982). “G. L. c. 208, § 21. On January 31, 1980, before the support payments were to terminate, the wife (plaintiff) filed a complaint for modification seeking to continue her support payments.”

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