As a divorce lawyer, I often get asked about the differences between legal separation and divorce. While both options involve the separation of a married couple, they have distinct legal and financial implications. In this article, I will explain the differences between legal separation and divorce in Massachusetts.
Legal separation is a court-approved agreement between a married couple to live apart while remaining legally married. In Massachusetts, legal separation is not a common practice, and it is not recognized by the state. However, couples can still enter into a separation agreement that outlines the terms of their separation, such as child custody, child support, spousal support, and property division.
A separation agreement is a legally binding contract that can be enforced by a court. It is important to note that a separation agreement does not dissolve the marriage, and the couple remains legally married. This means that neither party can remarry unless they obtain a divorce.
Divorce, on the other hand, is the legal termination of a marriage. In Massachusetts, a divorce can be granted on the grounds of irretrievable breakdown of the marriage, which means that the marriage has broken down beyond repair. The court will consider several factors when deciding on issues such as child custody, child support, spousal support, and property division.
Once a divorce is granted, the couple is no longer legally married, and they are free to remarry. However, it is important to note that divorce can have significant financial and emotional consequences, and it should not be taken lightly.
Deciding between legal separation and divorce can be a difficult decision, and it is important to consider all the factors involved. Legal separation may be a good option for couples who are not ready to divorce but want to live apart and establish the terms of their separation. However, it is important to note that legal separation is not recognized in Massachusetts, and it may not provide the same legal protections as a divorce.
Divorce, on the other hand, is a final and permanent solution that can have significant legal and financial consequences. It is important to consult with a divorce lawyer to understand your rights and obligations under Massachusetts law.
In conclusion, legal separation and divorce are two distinct options for couples who are considering separation. While legal separation is not recognized in Massachusetts, couples can still enter into a separation agreement that outlines the terms of their separation. Divorce, on the other hand, is the legal termination of a marriage and can have significant legal and financial consequences. It is important to consult with a divorce lawyer to understand your options and make an informed decision.