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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27247
Experience:  Lawyer
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Legal Separation : MA : Via email but nothing concrete : My

Customer Question

Legal Separation
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: MA
JA: Have you consulted a lawyer yet?
Customer: Via email but nothing concrete
JA: Please give me a bit more information, so we can help you best.
Customer: My husband is abusing cocaine. I have two children - 8 & 2. I do not want this around my children anymore. He has admitted to using since july/august of last year. Could be longer. He claimed he could stop on his own which evidently was untrue. He refuses to seek help.
JA: Is there anything else the Lawyer should be aware of?
Customer: We were married in 2009 in FL. I own a home which I purchased prior to the marriage. I just want him out.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Massachusetts does not have a legal separation procedure. They do have a process for you to file a Complaint for Separate Support. This means you're asking the judge to award you spousal support, child custody, and child support. Note that this is ONLY a request for support - the judge doesn't divide your property. That's something filed after the two of you are living apart. If you want a full property division, you'd have to file for divorce. When you file for divorce, you can also file a Motion for Exclusive Use and Possession of the Marital Home, asking the judge to order your husband to move elsewhere. The judge can also deny visitation until your husband begins treatment for his addiction (and makes some satisfactory amount of progress).

If you want to go that route, the divorce forms are available here:

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 4 months ago.
do you recommend I attempt this on my own? Will he be required to leave if file a complaint for separate support?
Expert:  Lucy, Esq. replied 4 months ago.

A complaint for separate support won't force him to leave the house. A complaint for divorce will.

The state has a comprehensive website set up for people who can't afford to hire a lawyer to help themselves. They have a great law library system, with libraries spread throughout the state and very helpful librarians. And some counties have a program called Lawyer of the Day, where you can make a 15 minute appointment to show your forms to a lawyer at no cost before you file them. All those things can really help people file on their own in Massachusetts. With that said, if he's likely to fight back and you can afford it, having a local attorney can help.

Expert:  Lucy, Esq. replied 4 months ago.

Did you need any more help with this?