Breakups and separation in marriages have never been easy on the heart. Society damages the wound by stigmatizing the couple since their marriage wasn't successful. The worst thing that can happen is to allow you to feel like a loser. Marriages have been a source of strength, happiness, and encouragement. However, this is not the case with every marriage.
Many factors lead couples to split up and separate. This is after the feeling of forbearance exceeds patience. Most teams do not know the best option to take on this two-option buffet. The first option is divorce, and the other is legal separation. People are often too reserved to pursue a divorce and though troubled in their marriages, wish to give it more chances.
Massachusetts has laws in place to support couples whose marriages are unstable. The option to take is known as legal separation. The best thing about this option is that it does not end your marriage technically. However, you are allowed to live separately for some time. It involves a legal process with multiple requirements and stages. It is worth being equipped with knowledge on how to go about it, which is provided in this article. Read on, lest you find a stage of confusion.
The law in Massachusetts does not support the term legal separation. However, it is known by the term separate support. It is not illegal to be separated from your spouse following unclear reasons that cause instability in marriage. For individual support, the separation is authorized by a judge. With the help of a separate lawyer, one can easily file for separate consent. This separation, supported by law, will address visitation, child custody, support, property management, and divisions.
Filing for legal separation or separate support can be filed on several grounds. Every couple is unique and points to the other support on an uncommon basis. However, they mainly stated bases range from deserting of family, abuse, and adultery to living separately, among other reasons.
To file for separate support, you need several documents and facts that include:
Everything has its advantages and disadvantages as well. It all depends on how you look at it or the achievement you hoped for. In most cases, divorce is not advocated for by religion and most societies. Since you do not want to go against what you believe, it seems fitting to go for a separation.
Being legally separated will allow you to continue using spousal health insurance.
According to the nature of separations, the legal procedure has three main disadvantages. This is despite providing the couple in pursuit of the process some advantages. The disadvantages include:
Complex and tedious legal systems - this process is much like divorce and relates much to the methods and time required.
Stressing for couples - anything that separates a couple is bound to worry them, despite agreeing to the pursuit. If you are not careful, it may break the final cord that held the marriage together.
Maybe unnecessary - in most cases, some couples pursue a legal separation but get divorced. At times this is not necessary; instead, figure out what your marriage needs, divorce, or work.
Legal separation is different from divorce in some areas but similar in others. For instance, the two are legally binding processes. They are tasked and will take time before the verdict is arrived at. However, the judgment of divorce seeks to settle the marriage immediately without a chance of working on it. On the other hand, a legal separation will allow the couple to be reconciled or seek divorce. It is essential to seek advice from an attorney on the marriage's turn to help with a seamless transition.
It is necessary to pay an amount of money to the court as you file for separate support. There are payment methods that are accepted, which include but are not limited to cheques, cash, and credit cards. People with difficulty raising the filing fees can request a waiver. In most cases, the prices are around $100 for filing. Other charges to be incurred include surcharges and summons that cost $15 and $5, respectively.
After filing for separate support, your partner needs to know in an appropriate way known as being served. This passes information about what happened and what is about to happen. The court gives the summoning notice when you file for separate support.
As stated earlier, any legal pursuit will take an extended period. Therefore, you should exercise patience and cooperate with the court above all. Separation usually takes time in Massachusetts to start the legal procedure. Under normal circumstances, the process takes six months before commencing. This time, the court also uses it to ascertain that the couple agrees on all the separation issues.
Whether filing for divorce or separation, it affects the children. It is essential to prepare them by telling them the necessary information as a parent. This should be done early in advance as they should not learn of the news on their own. It is best when it comes from you. Ensure to include all details of their separation from one parent but with the assurance of visitation.
By all means, if the court rules on the child custody issue, the primary concern is about the child's well-being. Suppose they can cope with new environments, schools, and the new living atmosphere. The best parenting plan is put in place by the judge that will suit the children.
Parents are encouraged by the court to work together, putting their differences aside, to make the children's experience the best. Any requests can be made to the court and accepted as long as they are within the child's best interest.
Most couples whose marriages are having trouble take the chance to test the waters of separation by a trial separation. This process does not involve any legal requirements. This is a simple arrangement according to the understanding of the couple. For some time, the couple lived separate lives. All the agreements are oral; however, they need to make good decisions on handling specific issues in the marriage, like child custody and support.
The court does not play any role in monitoring or regulating the process. In most cases, at the end of the trial period, the couple decides right away if they would like to pursue a divorce right away or be reconciled.
It is not necessary to have an attorney; however, it is essential in the place where you can afford one. They play a significant role in advising and giving information on the legal proceedings and the differences between separate support and divorce. Should you consider having a written separation agreement, the details of the arrangements will be directed and advised by the attorney.
Couples intending to go through a separation will require a separation agreement. The agreement should highlight factors to do with child custody, alimony, and division of assets, among other things. Both parties should read, understand, and sign this agreement. The contract should be guided by an attorney where applicable since it plays a role in some decisions during the verdict.
Agreeing even during separation is essential. This is necessary during the document's preparations that communicate how you wish every detail to be executed. There are critical issues to be included in the separation agreement that provides for:
It is still okay if you go through this process and realize there is no hope for reconciliation in your marriage. The best thing is that you have tried and will never regret not taking the suitable measures. Despite the stormy wedding, it is essential to check on each other since separation may affect each other differently. Take the process step by step, one day at a time. It is necessary to keep watch on yourself, not to be overcome by stress. When necessary, talk to a counselor if you notice a few signs of stress like anger and memory loss. To ease the process, get an experienced attorney and be able to handle all tasks necessary. This creates time to relax and unwind from the separation. You need to be sober to determine if there is hope for marriage.
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