Waltham, MA asked in Family Law and Divorce for Massachusetts

Q: Can I file for divorce and upon being served, husband will move out? I am afraid of my spouse's reaction.

Spouse has filed an A&B claim against me, misleading the police officers into who the victim really is (case now dismissed). I need help filing for divorce and staying away from him (as well as custody of my 14 month old daughter) because he is unstable and angry. Can someone please advise me what route to take to stay safe?

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2 Lawyer Answers

Joshua H Bearce

  • Manchester, NH
  • Licensed in Massachusetts

A: You will need to file a Complaint for Divorce and a Motion for an Order to Vacate Marital Home. To get an immediate order directing your Husband to vacate the marital home, you will need to show that you and/or your daughter's health, safety, or welfare would be endangered if the Court did not immediately remove him from the home. He is entitled to at least three days' notice prior to the hearing.

The Court can also enter a temporary order without notifying him, however, he will need to be notified after the order is made by the Court. Thereafter, your Husband is entitled to a hearing on whether the order should be vacated within five days after the order is made by the Court. In any event, I suggest you speak with an attorney who specializes in divorce and family law to discuss your options. Good luck.

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in Massachusetts

A: You may want to file in court for divorce and request a restraining order, child custody, spousal support, child support, attorney's fees, and a property division order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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