Ask a Lawyer and Get Answers to Your Legal Questions
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.
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.
Did you need any more help with this?