Form

Motion to Vacate Marital Home

If it is not safe for you to be in your home with your spouse or co-parent, this interview helps you ask the court to order the other side in your family law case to:

• leave your home or
• stay away from your home if they already left

More information:

• Overview of Divorce and Separation in Massachusetts

Can I use this interview?

You can use this form if:

• You have an existing family law case in the Probate and Family Court, such as a divorce or a support order
• You are either: * married to the other person in your family law case or * you have children with the other person
• You need the court to order the other person to leave your home to protect your health, safety, or welfare or the health, safety, or welfare of your children

Before you start

You need to know:

• The name of the court your existing family law case is in

Get ready to write your affidavit, or your explanation of the facts about your case and why it is not safe to allow your spouse or co-parent to stay in your home. It helps to talk about specific times that you felt unsafe or threatened, including when and where they took place.

Start interview