Legal Question in Family Law in Massachusetts

A complaint for divorce would be filed first-from there he would be served with the complaint. If he is still at the home a motion can be filed to have him vacate the property. Depending on the situation with the children a motion can be filed granting you sole custody of the children as the divorce continues. Property would be divided and assets as well. As to leaving Mass I don't know all the facts so that would be dependent on the facts. you can contact my office to talk about it further. 774-745-0562

You would start the process by filing a complaint for divorce and probably scheduling a motion for temporary orders. However, no attorney can responsibly give you advice without first obtaining from you more information. You should schedule a consultation as soon as possible.

As the others have said, you will need to start by filing a Complaint for divorce in the Probate and Family Court for Middlesex County. It is recommended that you retain counsel, and our office would be more than happy to assist you. At the outset of the divorce, temporary orders can be requested establishing custody of the children, support, and possession of the marital home, etc. It also sounds like a restraining order and some safety planning would be beneficial if you decide to go forward. In order to remove the children from the Commonwealth, there will be a slightly higher burden on you, and it will depend entirely on the facts. Good luck.

I agree with the other attorneys in that you should consult an attorney. Leaving the state is based on a standard identified as a "real advantage to the children." This means that no attorney should be able to discuss the matter without knowing much more information than can be presented in an internet question.