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You'll need to write a separation agreement, and both spouses must sign it and have it notarized (signed by a notary). A separation agreement is a written contract between you and your spouse.
Massachusetts doesn't 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.
If parents can agree that child support should end, they can go to a family court and request a modification from a judge. Ultimately, courts will decide is child support can be terminated or modified based on what they deem is in the best interest of child.
From the time it is signed until it is ?heard? in court, a separation agreement is an enforceable contract.
One spouse files a Complaint for Divorce claiming "Irretrievable Breakdown of Marriage." Whether or not the other party agrees, the plaintiff (the person filing for divorce) can have a hearing no sooner than six months after filing the Complaint. No affidavit or Separation Agreement is required.
Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.
The main difference between separation and divorce is that divorce ends your marriage. Separation means you are still married, but you do not live with your spouse. You have to go to court to be divorced. You do not have to go to court to be separated.