Move as potentially recommend, we had little starting fatal way Agreement is good only if both spouses sign it. It usually is made part of the divorce judgment. No one can be forced to sign a Separation Agreement. If you are being pressured to sign any document, walk away and consult your own attorney. At the divorce hearing, the judge can refuse to accept agreement if she believes it is unfair under the circumstances, that you did not have the opportunity to talk to a lawyer, or signed as the result of intimidation or duress. If you are considering a Separation Agreement, it is a better to consult attorney. Some of the issues a Separation Agreement can have far-reaching implications, including tax consequences. It is important that you spend some time on your own thinking about your particular situation and your needs and your children's needs if you are a parent. Keep mind that circumstances change over time. Focus on the best interests of the children for now and the future since the best interests of the child is the standard used by the courts Massachusetts and most other states. You can try to write up your own agreement using the list of issues question five, but separation agreements are technical, writing your own is difficult. Divorce is a big decision and should not be made impulsively, recklessly or without a good deal of thought and investigation. As you probably know statistics show that 1 2 marriages end divorce. Gather as much information as you can about divorce. Talk to friends. Ask questions. Read books. Look at other articles on this website. Go to the Probate and Family Court your county to observe hearings and trials. Most family court proceedings are open to the public. Divorce cases can be emotionally charged, it be a very good idea to seek counseling and support before and or during the process. 't wait for your spouse to agree to participate counseling. Individual counseling can help. If it is safe and there is no violence the relationship, parents and children can attend sessions together to help reduce the effects of a divorce or custody dispute on the children and to help the family heal emotionally. Divorce is often a lonely and emotionally draining experience. By getting support from other people and information you can gain some control the process and the experience can be less painful. Yes and no. You do need to choose a grounds, or legal reason, for the divorce that fits your situation. It is sufficient that you and your spouse 't get along any more and 't want to be married any more. There are seven fault grounds or reasons and also a no fault grounds. The fault grounds, as the name implies, mean that one person was considered at fault causing the marriage to end. A no fault divorce is a divorce which the marriage is broken beyond repair but where neither spouse blames the other. Massachusetts, the no fault divorce grounds is called Irretrievable Breakdown of Marriage. There are two kinds of irretrievable breakdown divorces. They are often referred to as 1A' and 1B, referring to the section of the law under which they are found, Massachusetts General Laws Chapter 208, sections 1A and1B. By Agreement each party swears affidavit and files that affidavit with a Joint Petition for Divorce, and a notarized Separation Agreement. One spouse files a Complaint for Divorce claiming Irretrievable Breakdown of Marriage. Whether or not the other party agrees, the plaintiff can have a hearing no sooner than six months after filing the Complaint. No affidavit or Separation Agreement is required. This is the most common fault for divorce. You need to show that something your spouse knowingly did or didn't do caused you harm or upset. Acts of physical abuse are cruel and abusive treatment. Sometimes certain forms of mental cruelty be enough. You have to show it caused you physical harm, for example, your spouse's drinking and staying out all night caused you headaches and stomach problems. How it takes to complete a divorce varies with each case. Your spouse left the marital home voluntarily and without your forcing him to leave. He or she left, has no intention of returning home, and has not lived with you for at least one year before the date of your filing the complaint for divorce. You have to show that you did not consent to your spouse's leaving the home, that he left a year ago and has never returned. You be deserted even though your spouse never physically left the marital home. The judge have to consider the circumstances of each case order to decide whether desertion occurred where the other spouse never physically left the home. Adultery: This means intercourse outside the marriage. You have to prove that your spouse had intercourse with someone else. This makes adultery a difficult for obtaining a divorce. Impotency: This means inability to have This for divorce is rarely used. Gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium,