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Can a Motion to vacate home and temporary orders be done in same motion?

Worcester, MA |

I filed for divorce and my husband is now going crazy. Can I file a motion to vacate and temporary orders at same time meaning in the same motion or is that two separate motions? Do I need to file an affidavit to? What do I say in the affidavit?

Attorney Answers 4


Yes to motion, and yes to affidavit

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yes you may do both at the same time and the affidavit must be as specific as possible, outline each reason in numbered sentences or paragraphs, if you can work with a local attny you should, if you cannot then just remain calm and draft a simple narrative of his behavior and number the paragraphs remember the judge has limited time, so keep it powerful and simple. take care.

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They can be two separate motions or combined into one motion. If you are currently in the middle of divorce proceedings you should consult your divorce attorney or if you do not have one you probably should consult one because this situation sounds like it is getting out of hand fast. In your supporting affidavit you would state the facts under penalty of perjury and reasons for your motions. If you are in immediate danger call the police and you may be able to obtain a restraining order today or file with the courts when open. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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You can have a request to vacate and other requests for temporary orders in the same motion or in separate motions to be heard at the same time. Normally, you should show, however, in the request to vacate by attached affidavit and at the hearing by your testimony that the "health, safety and welfare of yourself or any minor children residing with you and your spouse would be endangered or substantially impaired by a failure to enter such an order" to vacate. This langauge is taken from Chapter 208, section 34B which has many other provisions that you should get familiar with. The affidavit should set out the facts (not your opinion) that show the endangerment that the statute requires. I hope this helps.
Steve Zlochiver
Zlochiver & Associates
(617) 606-4888

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