Did you know that legal separation in the Commonwealth of Massachusetts is comparable to a divorce with the exception that the marriage is not technically ended? So why would a couple decide to file for a legal separation as opposed to a divorce? In many cases it is more advantageous to legally separate instead of getting a full-fledged divorce. We will examine the reasons why a little later. However, we need to explain what a legal separation in the Commonwealth of Massachusetts actually is. First and foremost, a legal separation and a divorce serve many of the same purposes.
When you decide to become legally separated it takes more than a simple verbal agreement. In essence, you can’t just say that you’re no longer in love and want to separate from one another and call it a day. In fact, a legal separation requires you to go through an incredibly similar legal process as an actual divorce. With a legal separation agreement you need to address the same exact legal and financial related issues as you would in a divorce agreement. For example, you must mutually decide upon how the marital assets will be divided.
You must also mutually decide how the marital property will be divided. Couples also need to work out alimony, also known as spousal support if it applies to your situation. If you have children, you must mutually decide upon issues that revolve around child custody, child visitation rights, and child support. You will also need to mutually decide which party is responsible for the marital debt or specific debts and how that will get split up. Of course these are incredibly sensitive topics that will dictate how you will live your life for the foreseeable future.
Chances are incredibly high that both spouses will not be in total agreement. That is why you need a family law attorney to represent you when negotiating and drafting the legal separation agreement. Now that you know more about what a legal separation is, it’s time to dive more into the benefits. There are actually numerous reasons why couples decide to become legally separated as opposed to becoming officially divorced. It may be based on personal beliefs against divorce or religious beliefs against divorce.
A legal separation can still satisfy a couple’s desire to permanently terminate the relationship without having to file for an actual divorce. In certain religions divorce is not allowed in the eyes of the religious leaders. Couples who are devoted to their religion typically do not want to go against their religious beliefs when it comes to an official divorce. In this case, a legal separation is by far the best solution. The bottom line is that a legal separation provides religious couples with the vast majority of the benefits of a divorce with the shame, disgrace, and dishonor of an actual divorce.
In a great deal of cases, the separated couple is simply not ready to become officially divorced, but needs to make the separation legal based on financial and or health insurance related issues. For example, you and your spouse may not be 100% sure that you want a permanent divorce. The legal separation provides you with the option to put nearly everything in place for the divorce without actually having to file for the divorce. If you mutually decide that the separation is a mistake and you want to get back together, than you don’t need to go through the process of getting married again.
Sometimes separated couples want to make their separation official, yet also want to remain married due to their children or other loved ones. In other cases, the separated couple needs to stay married in an official capacity because one spouse suffers from a disease or serious medical condition and needs to stay on the other spouse’s health insurance policy. Even if both of the parties are healthy, some couples find that it is more cost effective to keep the other spouse on their insurance policy. The difference can be reflected in the alimony payments. https://yourlegalrightsadvocates.com/blog/2021/06/the-top-reasons-to-hire-a-divorce-attorney/
The way to accomplish this is with a legal separation instead of a divorce. There are also cases where the separated couple wishes to remain officially married for particular Social Security benefits. Filing for a legal separation in the Commonwealth of Massachusetts requires filing legal paperwork with the court system. You need a family attorney to represent your best interests.
If you need help with a legal separation please contact your Legal Rights Advocates today. We will guide you through the entire process from start to finish. We will also help to ensure the best outcome for your exact situation.
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