Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Massachusetts, individuals contemplating the end of their marriage have several options to consider. Divorce is the formal legal process to dissolve a marriage, and Massachusetts allows for both fault-based and no-fault divorces. No-fault divorce can be filed on the grounds of an 'irretrievable breakdown' of the marriage. Before filing for divorce, some couples may explore marriage counseling as a way to repair the relationship. Legal separation is not formally recognized in Massachusetts; however, couples can live apart and enter into a separation agreement that outlines the terms of the separation, including financial arrangements and child custody. This agreement can later be incorporated into a divorce decree. Annulment is another option but is only available under certain circumstances, such as fraud, coercion, impotence, or if one party was already married. Annulments legally void the marriage as if it never occurred. Each of these alternatives has different legal and financial implications, and individuals should consult with an attorney to understand the consequences and determine the best course of action for their situation.