Can Filing for Divorce Force My Husband to Move Out of the Home We Rent Together?

Question:

I want a divorce, and my husband doesn’t. He also doesn’t want to move out and cant afford to. We have three children together. I don’t want him living in our home anymore during the divorce process. Will filing require him to move out? Will I be able to file on my own or will I need an attorney to help?

Answer:

Once you file a Complaint for Divorce, you may seek to have your husband removed from the home by filing a Motion to Vacate. To prevail on this Motion, you must show, through an Affidavit and other evidence, that your husband poses a danger to the health, safety or welfare of any occupant of the home. It is a fairly high standard. More than annoyance or even discomfort to you and/or your children at having to live together pending a divorce is necessary.  If you obtain an Order to Vacate, it will order that he leave the marital home for 90 days.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Divorce Lawyer.  This does not consent an attorney client relationship.