Legal Question in Family Law in Massachusetts
I dont think I am able to afford a divorce so my question is: If I had a legal separation would that be less expensive than I divorce and would I still have to file income tax with my worse half with a legal separation?
2 Answers from Attorneys
Maybe somebody else could jump in, but there is no such thing as legal separation. You can file for separate maintenance and support, and your tax filing status would still be married. My firm charges a simple flat-fee for uncontested divorces. Please feel free to contact me 617-357-4898.
Divorce and "separate support" actions essentially cost the same, in terms of attorney time, and have similar filing fees. If your relationship is over, a divorce is better overall.
In addition, there is case law to suggest that you cannot file your Federal income tax as a single person under a "separate support" judgment. If this is the key issue for you, seek the divorce.
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