Separation Agreement - Mass.gov 2025

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Massachusetts doesnt have a procedure called legal separation. Separate support is a lawsuit to get support for yourself and your family. It can also keep your spouse from putting any limitations on your personal freedom. This is a separate process from divorce.
If the court finds that the separation agreement does not make proper provisions for custody, support and maintenance, for alimony and for the division of marital property, the separation agreement shall be null and void and have no further affect on the parties.
You do not need a lawyer to write your Separation Agreement. But an agreement can affect your life for a long time. Some of the decisions are complicated, like taxes. Also, a judge might reject an agreement if it doesnt cover everything.
Yes, you can go ahead with your divorce even if your spouse refuses to sign the papers. Your spouse has a certain period of time to reply once you serve them with a divorce petition. In Massachusetts, the response must be filed within 20 days.
Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights.
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Anyone can draft their own separation agreement and as long as it includes certain information, is signed by both spouses and witnessed it is legally binding.

ma separation agreement template