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

Asked over 1 year ago - 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)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . 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.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Steven Edward Zlochiver


    Contributor Level 12


    Lawyers agree

    Answered . 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

  3. Emma A. Kremer

    Contributor Level 15


    Lawyers agree

    Answered . 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.

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  4. Henry Lebensbaum

    Contributor Level 20


    Lawyers agree

    Answered . Yes to motion, and yes to affidavit

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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