Is a Legal Separation Right for You? Contact Massachusetts Family Law Attorneys at Dane Shulman Associates, LLC
When a marital relationship breaks down, monetary concerns are often a top priority. Divorce is usually necessary for couples seeing to set new, binding legal and financial boundaries. However, divorce is sometimes a problematic prospect for one or both parties for reasons such as these:
- One or both spouses are reluctant to divorce for religious reasons.
- One spouse is dependent on the other's health insurance, and has an ongoing health concern such as cancer that may make it preferable to keep the marriage technically intact.
- A couple may think that they will possibly reconcile after a time of separation — but need to have their respective affairs in order in the meantime.
- A couple prefers to stay married "in name only" for the sake of children whom they fear will be traumatized by an actual divorce.
In order to achieve a legal separation in Massachusetts in lieu of a divorce, one or both of the parties will need to file a "complaint for separate support" or the two will need to enter into a separation agreement to be finalized in much the same way that a prenuptial agreement is. The separation agreement is in essence equivalent to a "post-nuptial agreement."
After time has passed, a couple who have separated legally may eventually decide to divorce. The separation agreement or separate support order will not eliminate the need to "discover" all assets in preparation for a divorce. However, after a period of separation, the two spouses' resources will presumably be less intertwined, and will perhaps assist in a smoother divorce.
Contact a family law attorney at the law offices of Dane Shulman Associates, LLC, to schedule a consultation. A Boston divorce lawyer can help you plan the best strategy for obtaining a legal separation.
