Divorce Lawyer in Woburn Massachusetts

Facing Divorce in Woburn Massachusetts?

How long do you have to be separated for a divorce? Divorce can be a tricky
situation and stressful for all parties involved. Sometimes, for the
sake of all involved, some couples may decide to take a quick break,
while others decide to try a separation first. In the state of
Massachusetts, there is technically no "legal separation" designated by
the court. This means that the court does not have to give you
permission to live separately from your spouse, as it is completely
legal to do so.

Therefore, in Woburn Massachusetts, you do not have to be legally separate for a specific
amount of time prior to filing for a divorce. However, there is a
residency requirement in the state, which means that both you and your
spouse must have lived in Massachusetts for at least one year in order
to file for divorce in the state. The law in Massachusetts does not
require a residency on the grounds of a fault divorce such as adultery
or other fault reasons. In that case, you can file for divorce
immediately.

Separate Support

What the state of Massachusetts does recognize is something called "separate
support." Separate support involves getting a court-ordered separation
agreement, in which some of the same details can be laid out and agreed
upon by both spouses, likely to a divorce settlement. Some people might
choose to go this route for religious purposes, if they do not believe
in divorce, for the sake of their children, etc. There are many reasons
why individuals might file for separate support.

While you can create a separation agreement with your spouse outside of
court, the contract would not be binding. This might work and be
sufficient for some couples, but others are looking for something a
little more binding and when going through the courts for a separation
agreement, the court is able to enforce what is in the written
separation agreement.

For example, when deciding the custody or visitation of children,
having the separation agreement court ordered is actually binding,
meaning you and your spouse are bound to the contract and have to abide
by it. This is where things can get tricky if you sign a contract or
separation agreement for custody with your spouse outside of the court.

Divorce and Separate Support

It is important to remember that while separation agreements
and separate support are similar, they are very much different. A
ruling of divorce means that the marriage has ended, whereas separate
support indicates that the marriage is still intact. So even though they
can both address some of the same aspects such as custody and
visitation, it is not a legal divorce and you are therefore still
married to your spouse and legally obligated in that manner, whether you
live with your spouse or you do not.

Now that you know more about the separation standards and laws in Woburn and or the state of
Massachusetts, hopefully, you can make a sound decision in regards to
your own situation and marriage. It is important to keep in mind that
every case and situation is different and you should consult your
attorney before making any final decisions. For more information on
divorce or separation laws in MA Contact Woburn divorce attorney Klovee. 781-438-5222.