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Massachusetts Separation Agreement

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In Massachusetts, you can file for either a contested or uncontested divorce. An uncontested divorce simply put is when both parties agree on all issues. In contested cases the parties also have the option to enter into a separation agreement when they agree on most or all issues.

By coming to a mutually acceptable separation agreement on all issues, your legal fees will likely be much lower than a contested divorce. A separation agreement is where both parties have a say in the outcome of the case. If you have children, they will be spared the added emotional stress associated with a long and drawn out contested divorce.

In cases where there are children the issues that must be addressed will include child support, child care, custody, and visitation. By coming to a mutually accepted agreement on all issues, your legal fees will be much lower than a contested case and your children may be emotionally spared from having to endure a long drawn out divorce process.

To learn more about obtaining a low cost uncontested no fault divorce, please visit us at
Mass Uncontested Divorce .

Before a separation agreement is approved, the court will review the proposed agreement to ensure that provisions have been made for the following:

  • Custody
  • support and maintenance
  • parenting time
  • educational expenses for the children
  • alimony
  • division of marital property
  • medical insurance
  • life insurance, and
  • liabilities of the parties where applicable.



Separation Agreement Video


A well drafted separation agreement will also include income tax provisions and other issues relating to the unique aspects of the particular case.

If you decide to file for a contested divorce (Chapter 208: Section 1B), you and your spouse will still have the option to create a separation agreement that addresses issues that you can both agree on. For those issues that you can't come to an agreement, the court is able to address those issues without going having to go to trial.

The benefit of a separation agreement is that it allows the parties to custom tailor a resolution of all outstanding issues. Trials are very costly from a financial point of view with no certainty in the outcomes.

Uncontested Divorce (Chapter 208: Section 1A)
Contested Divorce (Chapter 208: Section 1B)

Our Boston lawyers and attorneys are experienced in all areas of contested and uncontested divorce laws and marital separation. Call attorney Robyn A. Briatico at 617-387-6800 to schedule your free 20 minute phone consult.

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