Legal Separation in Massachusetts
Massachusetts does not have a comprehensive system for legal separation. This causes parties to file for divorce at times when perhaps a legal separation would have been more appropriate.
There is one statute relating to legal separation in Massachusetts. This is entitled “Separate Support”. Massachusetts General Laws, Chapter 209, Section 33. The statute only addresses the issue of support in Massachusetts legal separation, and does not address property division or other issues. This section has been traditionally used for couples who were reluctant to obtain divorces due to their religious teachings or other considerations.
A Separate Support action is a completely separate legal action from a divorce. If the couple files for divorce, a new action must be commenced.
Sometimes couples may want to separate for a while, and hope to be able to reconcile their marriage. In these cases, separation mediation is useful to set the legal terms of this legal separation. These might include, care and custody of children, child support and spousal support, and what would happen if they did get divorced. One possibility for these couples is to enter into a Postnuptial Agreement that will determine the terms of their separation. If it is not a “Separate Support” action, the parties may even enter into a postnuptial agreement relating to property division, although there may be enforceability issues upon divorce. A trained divorce mediator or marital mediator can assist the couple in formulating the terms of their separation.
If you are considering divorce mediation, and would like to speak with a MCFM mediator, search our database for divorce mediators specializing in Legal Separation Mediation within the Commonwealth of Massachusetts.
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