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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.

Separation agreements are recognized by statute- the same statute that created the Massachusetts non-adversarial, no-fault divorce (Massachusetts General Laws Chapter 208, Section 1A). A judge must find every separation agreement to be ?fair and reasonable? before any divorce can be allowed.

The person requesting the change(s) must petition the court to reopen the case. In order to modify an existing court order, the person requesting the change must sufficiently demonstrate to the court that he or she has experienced a material change of circumstances that warrants the modification.

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 state of Massachusetts is not a 50/50 state or a community property state. This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states.

Simply put, if a couple wants to separate in Massachusetts, they can without needing any formal orders. However, either person may petition the court for spousal support, despite not getting a legal order for separation from the court.