Legal Question in Family Law in Massachusetts

I just found out from my wife that she wants a divorce. I arrived home from a trip and when I was walking up to my home, my wife met outside and told me that I was not to enter the home, if I did she would call the police to remove from the home. I turned around and left.

I want to enter my, can I enter anytime I wish or do I need to get permission. No papers have been served at this time. I also want to see my children, she states that she needs to speak to her lawyer. What are my rights at this time? Can I enter the home at any time or when she is not around. Is this a problem. Can she state that I am breaking some law? Can I get her to leave the home? Can she make me leave my home without any cause? Can I just stay in my home with rights?

What can I do at this time?

Thank you


Asked on 3/17/11, 3:19 pm

2 Answers from Attorneys
Jane McGowan McGowan Legal

Simple answer, no. Without a court order ordering you to vacate the marital home, it is still your home. You have the right to access the home.

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Answered on 3/18/11, 5:32 am
Matthew Callis

Yes you can enter your home. You can also file an order to have your wife vacate and leave your home. Courts are more generous now for the rights of a father/husband. I would caution to act quicker then she does, or you may receive an order from the court keeping you out of your own home.

Feel free to contact my office if you would like help.

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Answered on 3/21/11, 7:35 am


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