Legal Question in Family Law in Massachusetts

Seperation

I have two children and would like to seperate from my husband but he refuses to leave the apartment. I am not sure if I want to get a divorce yet. I have no desire to take his children away from him but he has a drug problem and I can no longer have him here. I have extremely limited funds, what do I do?


Asked on 10/14/07, 1:29 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Separation

This is a tough part.

If you believe that your there is a risk of harm or abuse contact me.

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Answered on 10/14/07, 8:42 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Seperation

If there is a drug problem, the court is likely to require him to leave the apartment for the health and safety of the children. However, absent violence, forced sex, or the reasonably perceived threat of either, you cannot obtain a restraining order pursuant to c. 209A. Thus, you would have to file either a divorce or an action for separation.

A divorce action can be filed and later dismissed if he can resolve his addiction and then reconcile.

I believe that the gentleman who answered first is located in your county, so he may have additional insight. There are also several programs in Essex, including Merrimac Valley Legal Services (which, I believe, has a partner program in your area).

If these resources do not pan out, please feel free to e-mail me .

Gregory P. Lee

[email protected]

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Answered on 10/15/07, 6:48 am


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