Legal Separation and Annulment in Massachusetts
Whether Massachusetts offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Massachusetts does not use the term legal separation, but a married person may file a complaint for separate support in the Probate and Family Court if a spouse fails without justifiable cause to provide support, deserts them, or if they have justifiable cause to live apart. Mass. Gen. Laws ch. 209, § 32
| Legal separation | Massachusetts does not use the term legal separation, but a married person may file a complaint for separate support in the Probate and Family Court if a spouse fails without justifiable cause to provide support, deserts them, or if they have justifiable cause to live apart. The court may order spousal support, decide custody and support of minor children, and prohibit the other spouse from restraining their personal liberty. Source: Mass. Gen. Laws ch. 209, § 32 |
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| Annulment | If the validity of a marriage is doubted, either spouse may file an action to annul it; it is started the same way as a divorce. A marriage performed in Massachusetts between close relatives (by blood or marriage) or while either party had a living spouse is void without any court judgment. A judgment of nullity for a marriage performed out of state requires that the filing spouse was domiciled in Massachusetts at the time of the marriage and at filing, or had lived in Massachusetts for five years before filing. Void marriages: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter207/Section8 |
Where to get help in Massachusetts
More Massachusetts divorce & family law
- Getting a Marriage License in Massachusetts
- Adopting a Child in Massachusetts
- Guardianship of a Child or Adult in Massachusetts
- Establishing Paternity in Massachusetts
- Changing Your Name in Massachusetts
- Child Custody Laws in Massachusetts
- How Child Support Is Calculated in Massachusetts
- Alimony and Spousal Support in Massachusetts
- How to File for Divorce in Massachusetts
- All Massachusetts divorce & family law rules
FAQ
Can you get a legal separation in Massachusetts?
Massachusetts does not use the term legal separation, but a married person may file a complaint for separate support in the Probate and Family Court if a spouse fails without justifiable cause to provide support, deserts them, or if they have justifiable cause to live apart. The court may order spousal support, decide custody and support of minor children, and prohibit the other spouse from restraining their personal liberty.
What are the grounds for annulment in Massachusetts?
If the validity of a marriage is doubted, either spouse may file an action to annul it; it is started the same way as a divorce. A marriage performed in Massachusetts between close relatives (by blood or marriage) or while either party had a living spouse is void without any court judgment. A judgment of nullity for a marriage performed out of state requires that the filing spouse was domiciled in Massachusetts at the time of the marriage and at filing, or had lived in Massachusetts for five years before filing.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.