Legal Separation in Worcester

Bringing a Complaint for Separate Support

A legal separation is a determination by a court of the rights and responsibilities of spouses who want to remain married but who want to live apart from each other. The only difference between a legal separation and divorce is that a legal separation does not end the marriage.

Massachusetts law does not recognize the status of “legal separation”; however, it does permit a complaint for separate support. A complaint for separate support covers most of the issues contemplated by separating couples but does not end the marriage.

These are some of the issues that can be resolved in a separate support case:

  • Child custody and visitation
  • Child support
  • Division of property and debts
  • Spousal support

There are times when a complaint for separate support makes more sense than filing for divorce. The attorneys at Donahue, Rauscher & McGrail, P.C. help our clients determine which option is best for them. For help determining what option is right for you, contact us about separation in Worcester.

Worcester Separation Agreement

Despite its name, a separation agreement has nothing to do with a couple’s legal separation. In fact, a separation agreement usually is worked out as part of a divorce that is pending in Probate and Family Court.

A separation agreement is filed with the Probate and Family Court and approved by the judge. The separation agreement becomes part of the court’s judgment and therefore can be enforced by the court. If the separation agreement is not filed with the court, it is nothing more than a contract between the spouses.

You cannot be forced to sign a separation agreement. Also, while you believe you may be able to draft your own separation agreement, the best course is to consult an attorney who understands the implications of the issues in the separation agreement.

Contact us if you are feeling pressured to sign a separation agreement or need help drafting one. Call 1 508 757-7737 for a separation in Worcester.

Donahue, Rauscher & McGrail, P.C. 23 Harvard Street Worcester, MA 01609 Phone: (866) 625-4898 Fax: (508) 751-5777
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