Considering legal separation in Boston or MA?
If you are considering ending your marriage, you may have thought about obtaining a divorce. However, this is not the only option available to couples having difficulties in their relationship. Another viable alternative that may work for these spouses is what is known as a legal separation or a separation agreement.
A legal separation in Boston or Massachusetts is not the same a divorce, and it is important to differentiate between the two. Separation is a legal marital state and usually involves the couple maintaining residences apart from one another.
Responsibilities involving childcare, business duties, or financial affairs can still be shared. It is even possible for some assets and property to be divided, debts to be shared, or spousal and child support to be awarded. At this point, the marriage of the couple has not yet been dissolved, and they can reconcile at any time.
Couples may choose not to reconcile, however, but maintain their legal separation for as long as needed. For certain spouses, this means an indefinite arrangement. For others, it may continue for months, or even years, before the fate of their marriage is ultimately decided.
Who should consider legal separation?
Our Boston divorce attorneys have found that a separation agreement appeals to many different types of couples. Some need time apart in order to evaluate where their marriage stands. Others are unable to obtain a divorce due to religious, moral, or personal reasons. No matter the reason, a separation of this kind must be approved by a judge in order for the couple to be able to say that they are, in fact, legally separated.
Filing divorce in Boston or MA, on the other hand, permanently dissolves a marriage unless the couple elects to reconcile, in which case they must re-marry. As with a legal separation, a divorce decree and its accompanying marital status may only be obtained by court order.
Get the Boston separation advice you need
It is never easy to decide what type of separation agreement to complete, especially since the choice often involves intense emotions and numerous concerns. Discuss your case with an attorney from Nigro, Pettepit & Lucas, LLP—we will guide you through all the options available including divorce, separation, divorce mediation and collaborative divorce. We will help you pick the one that is best for you and your family.
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