In Massachusetts, when you no longer wish to share your life with your spouse, divorce is not your only option. Married couples may choose to live apart from one another while remaining legally married. Couples may choose to do this for a number of reasons such as religious beliefs, personal beliefs, financial implications of divorce, or, if applicable, in consideration of the children of the marriage.
Rather than filing for divorce, the other options to gain a legally recognized separation is to file for a judgment of support, or a judgment of separate support (which also considers and decides custody arrangements).
Though both mechanisms result in a legally recognized separation based on a court order/judgment, there are differences. The key difference is that divorce legally ends/dissolves a marriage, whereas an order of separate support does not. Despite this main difference, a judgment for divorce or a judgment for separate support are quite similar in that they address a lot of the same issues. Both can address issues of custody, parenting schedules (visitation), child support, and spousal support. Likewise, both options require a filing with the court (different papers) and a subsequent judgment. Further, both have real world consequences and collateral implications that may not be apparent at first glance. Both options can be complex and confusing and so speaking with an attorney to better understand your options and legal rights is advisable.
If you need the assistance of a family law attorney, contact Josey Lyne Payne, Esq. at (781) 741-5000 to schedule a free consultation. We welcome the opportunity to meet with you personally to discuss your case.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact the office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established.
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