The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint For Separate Support, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances.
Massachusetts Complaint For Separate Support - CD-J-102
State:
Massachusetts
Control #:
MA-12
Format:
PDF
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How to fill out Massachusetts Complaint For Separate Support - CD-J-102?
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FAQ
There is no "legal separation," in Massachusetts. You do not have to get court permission to live apart from your spouse. It is legal to live apart from your spouse.In Massachusetts, spouses can make "separation agreements." A "separation agreement" is a written agreement signed by the husband and wife.
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
Separate Maintenance is Financial Support From One Spouse to Another. Most people associate "separate maintenance" or alimony with divorce.Separate maintenance is similar to alimony or spousal support, but it's not called alimony because the couple is still legally married.
In some (not all) states, you can get a legal separation by filing a request in family court. Being legally separated is a different legal status from being divorced or marriedyou're no longer married, but you're not divorced either, and you can't remarry.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
Couples who are separated, whether informally or legally, are still married in the eyes of the law, regardless of how independent their lives have become. This means that if either spouse has a sexual relationship with another person during the separation period, they have probably committed adultery.
A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
There is no law in Massachusetts that prevents spouses from dating after separating or divorcing, but if a spouse does choose to date, he/she should be mindful of how it can impact his/her divorce.