Legal Question in Family Law in Massachusetts
Can my wife kick me out in this scenario?
My wife has a 11 year old daughter (last marriage), and we have a 3 year old together.
She has said that I verbally abuse her daughter (who is not adopted), and hence wants a divorce.
I am the sole provider and we still live together 'civilly' in the house; step-child is with her bio- father for now (they have shared custody).
She originally wanted to settle this amicably (no-fault divorce). But now, she is going to file a contested petition primarily for the sake of bringing her daughter back home to attend school. I know my wife is going to ask the court to kick me out (as she believes that I am a detriment to her child's welfare). Although this step-child is not my ward, I have provided for her everything. Since school starts late next week, can she force me out from my own home (and my own child) for the welfare of someone else's child?
Question is: can my wife make a motion? How realistic is it that a temporary order to vacate would be granted? I have had no run-ins with the law, nothing. Doesn't she need to prove that actual harm will come? Also, my office is at home and I cannot just up and move my office, I'll get fired.
I'm just terribly worried about the short-term financial stability!
2 Answers from Attorneys
Re: Can my wife kick me out in this scenario?
The short answer is, "Yes," the court has the power to order you from the house. It may or may not do so -- but you will likely be looking for a new residence through a mediated temporary order.
As a practical matter, someone always leaves the house in a divorce. The best interest of BOTH children is in reducing the conflict and risk of escalation.
You should seek local legal advice and representation.
: Can my wife kick me out in this scenario?
The court would have to be convinced that there is a valid reason to support her request.
However, you have not said if the petition for a divorce has already been filed. In these circumstances, assuming, an action is filed, either party has the right to bring a motion before the court. The court will hold a hearing. I would suggest that you consult an attorney before you do anything. This is also a time where you need to be careful.
If you have questions, contact me.
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