Yes, if one of the parties is still residing in the county where you last lived together. If neither party is living in the county where they last resided together then you may file in the Probate and Family Court for the county where either spouse currently resides.

If neither spouse resides in Massachusetts, the court may still have jurisdiction if the cause for divorce occurred here.

In Massachusetts, a separation agreement can either merge or survive a judgment of divorce, or part of the agreement may merge and part may survive.

• A merged agreement, or the portions thereof, becomes part of the court’s judgment, allowing the court to modify or enforce its terms in the future.
• A survival agreement, or the portions thereof, functions as a standalone contract independent of the judgment. The court can enforce it as a contract, but does not retain ongoing jurisdiction to modify its terms.

Leaving does not forfeit your ownership interest in the property, but if children are involved, vacating without a temporary parenting order in place can allow the other parent to establish a de facto primary custody arrangement that courts may later treat as the status quo.

Speaking with our divorce attorneys in Maynard before making that decision helps you understand the implications for your parenting time, financial obligations, and overall case strategy.

Avoid dissipating marital assets, changing beneficiaries on insurance or retirement accounts without agreement or court order, and posting content online that could affect custody, alimony, or credibility assessments.

Posts about new relationships, purchases, vacations, or disparaging comments about your spouse can be used to challenge credibility or support arguments about asset dissipation or parenting fitness.