Legal Question in Family Law in Massachusetts

Re: How to have spouse removed from home

Your husband and you are in a very difficult situation where two people do not get along and financially it seems hopeless to get out. But the fact is, that sometimes we find the strength to survive on our own.

In any event, you could file for either a divorce/legal separation and the court can issue an order that he leaves the home. If there is anyway your husband and you can work this out without court intervention, that would be a preferred route for you to go (but you should still caculate proper child support according to the child support guidelines,which can be obtained via internet or from the family in probate court in your county). If you cannot work it out with your husband and your finances are stressed, I suggest that you try calling places such as, the Boston Bar Association, Women's Bar Association and/or Mass Bar Association (they can be found in the telephone book or via internet) and perhaps you would qualify for a lower attorney rate or possibly pro bono. Good luck and I hope this advice was somewhat helpful. Sincerely, Maria Murber

Re: How to have spouse removed from home

You can file for divorce or separate support even if you continue to live together, but if you want him out, you can file either one and file a motion for temporary orders asking the court to order him to leave, which he will have to do. You should have a lawyer for this, since it can get very complicated and technical.

Some probate courts have lawyers available for free on certain days to help "pro se" ("pro say") clients if you want to try it yourself. I offer a service which prepares documents for persons who want to represent themselves or cannot afford a lawyer to represent them. $350.

I do not recommend a separate support petition, since you have to file a new court case for the divorce, with new filing fees and legal fees.