Legal Question in Family Law in Massachusetts

First Steps

For the onset of separating/divorce, when both names are on the mortgage of the home, and there is no abuse or violence, can one spouse ''ask'' the other to leave during these proceedings. I would assume responsibility of mortgage and bills, just would prefer spouse to be gone during this time. Not looking for an ugly situation, but one that would be healthier for myself and daughter if calm returned to the home.


Asked on 6/07/04, 4:20 pm

1 Answer from Attorneys
Mark Petti Law Office of Mark D. Petti

Re: First Steps

You can "ask" your spouse to leave the marital home anytime. Your spouse may also ask you to do the same. If the situation becomes untenable, you (usually the caretaker) may file a motion to vacate. A motion would require an underlying Complaint for Separate Support or Complaint for Divorce. Please note that there are separate filing fees for each complaint. If you file for Separate Support then file for Divorce you would have to pay both filing fees.

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Answered on 6/07/04, 4:49 pm


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