February 17, 2011
MORE INFORMATION: I left my husband in 1997 and we have been separated since. Do I still have to file for divorce or after so many years? ATTORNEY ANSWER: You can file for divorce in Massachusetts at any time. The fact that 14 years has elapsed since the separation does not change that. The primary issues that need consideration are child support, alimony and division of the marital estate, which simply means a division of joint assets and liabilities. If you had children, then child support must be considered, if they are still minors. Child support must be paid by the non-custodial spouse until the children are emanicipated, which is defined in Massachusetts as when the children reach the age of 18 and are out of the house and working, or after they have completed a full-time, accredited college and graduated, or reached the age of 23, whichever happens first.

