What Happens On Separation?

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What Happens On Separation?

On separation all sorts of questions arise involving obligations and possible rights of the husband and wife, including:

right to remain in the matrimonial home, with contents, regardless of ownership;
division of family property and possible sale of items and division of proceeds;
child custody and access (visitation rights);
child and/or spousal support;
other possible orders for the protection or safety of children or a spouse;
as between the spouses, after separation, a spouse has the obligation to take all reasonable steps to become financially independent of the other spouse.

Other Massachusetts Family Law FAQs

Q: What Rights Does A Married Persons Have With Respect To Property?
A: Subject to rights of spouses in real property under The Homesteads Act and provisions of The Family Maintenance Act, or provisions in any prenuptial or … More
Q: What Are Restrictions On Transfer Of Property Of Married Persons?
A: The Homesteads Act defines "homestead" as " residence…occupied by the (married) owner the owner's spouse as their home…" and gives a surviving spouse a life interest … More
Q: What Is A Separation?
A: A separation exists when a husband or wife ceases to live together with the other of them and it is doubtful if a reconciliation between them is possible. Although it … More
Q: At What Point Are People Who Live Together Considered By Law To Be Spouses?
A: People of opposite sexes who live together, not married to each other, may be considered spouses: under the Family Law Act, if they have been living together for … More
Q: What Rights At Law May Common-Law Spouses Not Have That Married Spouses Have?
A: A commonlaw spouse may not have an equal right with the other spouse to: live in the matrimonial home; an equalization of property acquired during their … More
Q: In Any Marriage Or Family Breakdown Situation, Or The Death Of A Surviving Or Sole Effective Parent, How Is It Determined Who Is Entitled To Custody Of Children?
A: The main concern of the courts and authorities operating under the law is what is in the best interests of the children. Factors looked to reach that determination may … More
Q: What Determines Accessibility To A Child By The Parent Who Does Not Have Custody?
A: Again, the best interests and needs of the child will govern the decision of the courts and authorities. Similar factors to the ones looked at in a custody question … More
Q: Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More
Q: What Might Happen If Both Parents Were Found To Be Either Dysfunctional Or Otherwise An Unacceptable Risk To The Well-Being Of A Child, Or If A Sole Parent Died?
A: Willing and concerned relatives, such as a grandparents or aunt and uncle could request, would be considered and might be appointed guardians or foster parents.
Q: Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More