While divorce is rarely truly amicable some divorces are harder than others. Sometimes difficult situation precede the divorce such as physical or emotional abuse or substansance abuse. These situations make initiating a divorce that much more diffuclt beause of the fear of reprecussions from your spouse. You should be aware that there are options to help you take the steps necessary to begin the divorce and to ensure your safety and the safety of any children invovled.
One of the options available is called an Order to Vacate the Marital Home. Often referred to as vacate orders, they are governed by Massachusetts General Laws ch. 208 §34B. Basically the order allows the court to remove your spouse from the home for up to 90 days. This period of time can be extended if the “court deems [it] necessary or appropriate if the court finds, after a hearing, that the health, safety or welfare of the moving party or any minor children residing with the parties would be endangered or substantially impaired by a failure to enter such an order.” I should also mention that a vacate order can be sought anytime during the divorce action. This means that even if you and your spouse had planned on or continued to live together after the divorce action started and things take a turn for the worse, you can stil pursure this order.
My experience is that these orders are an “extraordinary” measure and that the court takes them very seriously. A vacate order should never be pursued out of spite. While it is possible to pursue a vacate order on short notice (three days is the minimum according to the statute) generally your spouse has a right to be there and must be given notice. However, in situations where there is “substantial likelihood of immediate danger to [the moving party's] health, safety or welfare or to that of such minor children from the opposing party” the court may issue a vacate order without notice to the other party. In this situation though notice must immediately be given after the order is issued and the party ordered to vacate is given the opportunity to be heard by the judge no later than 5 days after the order issued.
There are other options, such as restraining orders, that are available as well. Your safety and the safety of your children should be your most important concern. If you are in fear of your spouse and are seeking to begin divorce proceedings or feel unsafe after the proceedings have begun you should seek help; there is protection available.
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