Legal Question in Family Law in Massachusetts

Re: can i file a sparation agreement?

I'm assuming you are going through a divorce with your husband. A separation agreement is the final step in a divorce procedure. If you sign a separation agreement outside of a divorce proceeding, it does not allow you to get a divorce nor does it mean you are legally separated (since there is no such thing as a legal separation in MA).

If you are going through a divorce, you can go to Family Services in the probate courts and they will help you draft your separation agreement to be submitted to the court.

Re: can i file a sparation agreement?

There is no such thing as a Legal Separation in MA. However, if you are getting a divorce and have devided all your assets, you can file a joint divorce and file a separation agreement.

I would suggest you both go to an attorney and make sure you have covered all the items necessary to protect yourselves from current liabilities of the other and future liabilities.

Good Luck

Re: can i file a sparation agreement?

Do-it-yourself divorce is always tricky. A court will not approve a sloppy agreement, and can question its fairness.

The agreement is not binding until the court approves it and makes it part of the Judgment nisi of Divorce.

Re: can i file a sparation agreement?

what you need to do is file a Joint Complaint for Divorce along with all other required documents with the court. The separation agreement can be written by you, however it must be written in certain statutory language, if not the court will not accept it. I suggest that you write your agreement and you both make an appointment with an attorney or a mediator with experience in writing separation agreements to make sure it is something that the court will accept.

Good Luck

Re: can i file a sparation agreement?

Assuming you will be filing a Joint Complaint for Divorce along with all other required documents with the court, while a separation agreement can be written by you, it must be written in certain statutory language to be acceptable by the court. It may be advisable that you take your draft separation agreement to an attorney to make sure it covers all necessary items to protect you from current and future liabilities.

Good Luck