Your spouse who still lives at home - mass 2025

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In a divorce a judge can order either spouse to leave the marital home. Upon filing a divorce either party can file temporary orders for the other spouse to vacate the marital home, to establish a temporary parenting plan, and to establish temporary support orders for child or spouse.
Unfortunately, without a court order, one spouse can not force out the other from the marital home where they both live. If one spouse can no longer live with the other, they are free to leave, but there is no legal way to unilaterally force the other to leave the marital home.
You must either file for divorce, legal separation, or for an Order of Protection. These are the only ways the court can get jurisdiction over him to make him do anything. However, you have to have sufficient grounds to compel him to move out of your room. This is up to your facts and the judge.
Start with a calm and respectful approach. Asking doesnt have to mean confrontation. Say something like, I believe its best for both of us to take some space.
For the purposes of this section, abandonment shall mean that the opposing party has left the moving party and does not intend to return. Proof that the moving party has not known the whereabouts of the opposing party for the previous twelve months shall constitute prima facie evidence of abandonment.
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Massachusetts does not have ``legal separation. There is no specific period of time that you have to be separated before filing for divorce. You only need to attest that you are living apart.
If neither spouse will leave the marital home, the only way to compel them is by a court order typically since each has an equal right to remain on the property normally. A court order may be obtained through divorce proceedings or if there are grounds to obtain a restraining order against one of the spouses.

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