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?

Related Topics:
2 Lawyer Answers
Joshua H Bearce
Joshua H Bearce
Answered
  • 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.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Brooklyn, NY
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.