Legal Question in Family Law in Massachusetts
How do you remove a spouse from the home?
The wife is an active alcoholic. The children request that she be removed from the home. What are the proper steps that the husband must take to accomplish this?
2 Answers from Attorneys
Re: How do you remove a spouse from the home?
Once you file for a divorce, you may submit a motion to the court during the temporary orders phase to have a spouse removed from the home. You shoulc consult an attorney regarding the same as soon as possible.
Re: How do you remove a spouse from the home?
You do not need to get divorced, as Atty Summers suggested.
Just write an affidavit about the problem and about your children's request.
They must be IN FEAR OF HER and THAT THEY FEAR THEY ARE IN SERIOUS IMMINENT PHYSICAL HARM.
Then go to district Court and ask for a restraining order (called a 209A order, a prevention from abuse order).
You will be asked a few questions.
You will tell the judge that the children are in fear of being hurt by mom when she is drinking excessively.
You will get the order.