Legal Question in Family Law in Massachusetts
legal separation
If I/we file for a legal separation, is there a time limit that it expires? will it become null/void at some point if no divorce is filed? Will a divorce automatically begin?
1 Answer from Attorneys
Re: legal separation
In Massachusetts there are two distinct actions.
If you file a complaint for Separate Support, pending a hearing on the merits all the same temporary orders as apply in a divorce apply, except the end result is a Legal Separation, NOT A DIVORCE, and there is NO division of Property.
If you file a complaint for Divorce, temporary orders pending a hearing on the merits, dictate the rights of the parties during their living separate and apart from each other.
Both actions can remain dormant for up to two years after which the Court will require the parties either move forward or the Court will order their case dismissed for lack of prosecution.
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