Legal Question in Family Law in Massachusetts
legal seperation massachusetts
do i need to be legally seperated first before i can file for a divorce in mass ?
4 Answers from Attorneys
Re: legal seperation massachusetts
No. There is no requirement that spouses be separated before being able to obtain a divorce.
Re: legal seperation massachusetts
No. There is no requirement that spouses be separated before being able to obtain a divorce.
Re: legal seperation massachusetts
You may file for divorce at any time. Indeed, that is what creates what some call "legal separation," which is not really a Massachusetts legal term. There is no requirement of living separate in any way to initiate a divorce, on any grounds.
The court will help you set up the separation through temporary orders, if need be.
Note that if there is violence, the Abuse Prevention Act ("209A") allows you to seek relief in any Massachusetts court, not just the Probate and Family Court. Emergency orders are available with police assistance 24/7.
Re: legal seperation massachusetts
Massachusetts does not have a legal separation. You can file a divorce Monday for any reason you like as long as it meets statutory requirements.
If you need assistance please feel free to contact me.
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