Additional Information:

My mother is filing for divorce after a 9 year marriage. My stepfather kicked her out of their Framingham house which she owned before they were married. My mom is disabled and he has been abusive and neglectful.  He wasn’t properly giving her medications and selling them instead, he threatened to take their 10 year old daughter and has made many other threats. All of this has been reported to the police. My mother is staying with me and my husband right now, as we fear he will hurt her. Will all of this be taken into consideration so she can she regain her home and custody of their child?

ATTORNEY ANSWER:

The first step that should be taken is for you to hire a forceful attorney and seek Temporary Orders to get your mother back into the Framingham house and to seek a 209A restraining order against your stepfather because of the emotional abuse, and/or physical  abuse, or threats of abuse.  This should be done immediately.  The 209A order can be obtained in the Middlesex Probate Court which has jurisdiction for Framingham.  The restraining order should seek relief that forces your step father to vacate the marital home and stay away from your mother and their 10 year old daughter. 

Your stepmother’s and daughter’s safety is the number 1 priority and all legal actions taken in court must take that into account first.  Once she is back in her home, then the negotiations, or litigation, depending upon the circumstances, can begin as to the division of the marital estate, which includes the disposition of real estate, retirement accounts, stock accounts, cash, and all other assets and liabilities.

The Motion to Vacate will allow your stepmother to get back her home, which she owned before they were married.  Conduct of the parties is a significant factor in how marital property is divided in a divorce case under MGL Chapter 208, section 34, and his abusive behavior would certainly be taken into account by the probate court judge assigned to the case.

Attorney David Rubin is a Framingham divorce lawyer and provides legal representation to clients in communities such as Boston, Boston MetroWest, Framingham, Dedham, Marlborough, Natick, Needham, Newton, Waltham and Worcester.

David L. Rubin, Attorney at Law
Framingham Divorce Lawyer
929 Worcester Road
Framingham, MA 01701
Telephone: (508) 875-9797
Boston: (617) 451-0707
Fax: (508) 820-1560