If your relationship has faltered and the future seems uncertain, you may find yourself at a crossroads. While divorce might seem like the immediate solution, it’s important to understand that it’s not the only option. Some couples wish to explore living apart without fully committing to the legal process of divorce. Please continue reading to learn whether Massachusetts law provides for a legal separation rather than an absolute divorce and why connecting with our knowledgeable Bristol County Divorce Issues Lawyers is in your best interest during these difficult times.
Is Legal Separation Available in Massachusetts?
Unlike other states, Massachusetts law doesn’t provide for a legal separation per se, but divorce isn’t the only option for couples in the state. If married couples wish to live apart, they don’t need court approval. However, if they require the court’s assistance with certain matters like child support, alimony, or a parenting plan, they can file a petition for separate support and maintenance. Essentially, this is a lawsuit that can help you get support for yourself and your family. It can also prevent your spouse from putting any limitations on your freedom.
It’s important to note that when you file your petition for separate support, you must be a Massachusetts resident, living apart from your spouse, and provide a legally accepted ground for your request. Unlike an absolute divorce, which requires a party to cite an irretrievable breakdown of the marriage or a specific, fault-based reason for the petition, the only requirement for a spouse requesting separate support is that there is a justifiable reason for separating. For instance, if you and your spouse have decided that you can no longer live under the same roof because you’ve grown apart, the court can accept it as the reason for your petition for separate support.
Once you file a petition for separate support, you need to serve your spouse with a notice of the filing. A judge will consider various factors to determine the terms of separate support.
What Should a Separation Agreement Cover?
A separation agreement is a written document that outlines the terms and conditions of a couple’s split. Both parties need to agree to the terms and sign the contract to make it legally binding. Once you negotiate favorable terms, you can present it to the court for approval. They will typically approve any agreement they find fair and reasonable to both parties. Since legal separation isn’t available under Massachusetts law, the only issues that you can address during a separate support case are child support, visitation, child support, alimony, and the exclusive use of the marital home.
If you are considering petitioning for separate support, it’s in your best interest to consult with an experienced attorney from The Law Offices of Cynthia L. Hanley, P.C. who can help you determine whether this is a viable option given the unique circumstances of your situation. Connect with our firm today to discuss your legal matter with an effective and compassionate attorney.
