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Massachusetts Separation Agreement

A Massachusetts separation agreement is a contract between spouses who no longer wish to live together as a married couple. Unlike in other states, where it is an alternative to divorce, a "separation agreement" in Massachusetts typically refers to an agreement prepared by a couple who does want to get divorced.
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Is a Separation Agreement Legal in Massachusetts?

Yes, couples may create separation agreements, but only if they are planning to later get divorced. If couples want to establish terms for spousal support without getting divorced, they should pursue an order for separate support and maintenance.[1]

Legal Separation Requirements

  • Filing Fee: $200 (divorce complaint)
  • Residency: The filing spouse must have resided in the state at the time of the cause of the separation, or if not, must reside in the state for at least one year prior to filing. [2]
  • Where to File: In the Probate and Family Court serving the township or county of the filing spouse.

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