Legal Question in Family Law in Massachusetts

Re: divorce

The previous answer is unfortunately incomplete and perhaps unreasonable.

If you have committed violence, or are a threat to your wife's health, you can be ordered to leave the home. The Court's powers are limited to that degree. Thus, absent a realistic claim of serious threat to health, you can in fact stay, and continue to contribute to an unhealthy, tense atmosphere. This unhealthy, tense atmosphere will make the litigation much more ugly and protracted, and will thus end up costing at least double the amount it should in attorneys' fees paid to each side.

If there are children in the home, the children will be exposed to your continued stress, anger, and bickering. This will cost more in eventual counselling.

The approach implied -- stay -- is thus a guarantee of a more costly process toward the inevitable: one or both of you will move out; and you will divide the equity in the home and all other marital assets based on "equitable" (not necessarily, but usually "equal") property division.

Such equitable division will occur regardless of whether you are in the home. Possession may determine who obtains the asset, but does not determine how the VALUE of the asset is dividied.

The "stay there and make you both angrier" approach, frankly, only makes the attorneys more wealthy. If it is not necessary, do not do it.

If you desire realistic divorce counsel, please feel free to call me.

divorce

No.

You have as much or as many rights as she does.

She can ask, but you do not have to agree.

If you need further assistance, contact me.