Emergency Spousal Support Request

Summary

In Massachusetts, you can file for emergency spousal support and housing assistance due to financial hardship and disability. Given your husbands income and your lack of financial support, the court may grant your request to maintain your standard of living. You can also request your husband to cover the cost of a suitable apartment. The restraining order complicates access to the marital home, but financial support is still possible. Consider consulting a family law attorney for personalized guidance.

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My husband cheated on me and admitted it with my pregnant best friend who’s much younger than me by 20 years my husband is * yrs younger than me we have been married for 19 years when I confronted him and he admitted it, we basically had a five minute argument/conversation I went to hug him. He pulled back. I believe I scratched his ear. He called the police, so I assaulted him. I was arrested for assault and battery the next day at my arraignment there was a restraining order put on me for one year time since I have coughed out on the assaulting battery charge to try to get it over with the restraining order is down still in place for another year. I have sense that that night March *, * I have become homeless because of this my husband was my caregiver my only source of financial support I have no family I trust no I’m none of my friends now and I’m truly homeless

Case Rating: *
Hi ****, I'm really sorry to hear about your situation. It's incredibly challenging, but you can take several steps to protect your interests:
*. Divorce Motions:
- File for spousal support.
- Request temporary orders for financial support.
- Seek exclusive use of the marital home.
*. Property Claims:
- Massachusetts is an equitable distribution state. Marital property is divided fairly, not necessarily equally.
- For the Florida property, you may have a claim to any appreciation in value or contributions made during the marriage.
- For the trust in New Hampshire, if marital funds were used, you might have a claim.
Would you like more detailed information on any of these points?

yes

Hi ****, here’s more detailed information to help you:
*. Divorce Motions:
- Spousal Support: Request alimony based on your financial dependency.
- Temporary Orders: Seek temporary financial support during the divorce process.
- Marital Home: Request exclusive use of the home until the divorce is finalized.
*. Property Claims:
- Florida Property: You may claim contributions made during the marriage or any appreciation in value.
- New Hampshire Trust: If marital funds were used, you might be entitled to a portion of the property.
Would you like help finding a local lawyer or more info on one of these items?

we rent our home in which he is living in currently can I file an emergency motion for him to pay for an adequate place for me to live and support me temporarily in which I can be provided the comforts of to which I was accustomed to

Yes, you can file an emergency motion for temporary spousal support to cover living expenses. Here are some steps you can take:
- Emergency Motion for Spousal Support: Request immediate financial support.
- Motion for Exclusive Use of the Marital Home: Seek temporary access to the home.
Would you like more information on how to file these motions?

Emergency support to cover for living

Since you are in Massachusetts, you can file for emergency spousal support. You might also consider filing for exclusive use of the marital home. Here are the steps:
*. Emergency Motion for Spousal Support:
- Request immediate financial support from your husband.
*. Motion for Exclusive Use of the Marital Home:
- Seek temporary access to live in the marital home.
Would you like detailed instructions on filing these motions?

What do you mean by temporary access to live in the marital home?

Temporary access to live in the marital home means that the court grants one spouse the right to reside in the home while the divorce proceedings are ongoing. This can provide stability and continuity, especially if the spouse is homeless or has no other suitable living arrangements. This access is granted on a temporary basis until a final decision is made in the divorce settlement.
Would you like more details on how to file for this or other related motions?

But he has a restraining order on me. How does that work if I was to file a temporary motion to seek temporary access to live into the marital home?

If there's a restraining order in place, it complicates seeking access to the marital home. However, you can still file an emergency motion for spousal support.
- Emergency Spousal Support: Request immediate financial support to cover living expenses.
Have you consulted with a family law attorney in Massachusetts about your specific situation?

Oh my God, I would be awesome. I’m

Hi ****,
Given the restraining order, you’ll need to navigate carefully. Filing for emergency spousal support is still possible and advisable. However, the restraining order complicates seeking temporary access to the marital home. It would be best to consult with a family law attorney to handle this complex situation.
Would you like more detailed guidance on filing for emergency spousal support?

So basically, I can file the emergency spousal support for not only my living expenses but for support in general now he has made $*,* so far this year what do you think I would get as far as support is concerned

****, yes, you can file for emergency spousal support for both living expenses and general support. Here are some factors that will determine the amount:
- Income Disparity: Your husband's income vs. your lack of income.
- Marital Standard of Living: The lifestyle you were accustomed to during the marriage.
- Duration of Marriage: 19 years is significant and can influence the support amount.
Consulting a family law attorney will provide you with a more precise estimate. Would you like more details on how to file for emergency spousal support?

And he purchased a brand new vehicle, an Audi, and April or May while I was displaced from my home. He only filed this restraining order because he was saving his LTC. He wanted to gain control of our home and gain control of my life so he could live his freely and openly, but I am suffering.

Hi ****! I'm really sorry to hear about your situation. You should definitely pursue emergency spousal support to alleviate your immediate financial needs. Here are a few points to consider:
*. Emergency Spousal Support:
- File for immediate financial support to cover living expenses.
- Request enough to maintain the lifestyle you were accustomed to.
*. Restraining Order:
- Given the restraining order, returning to the marital home might be complicated. Focus on financial support first.
*. Potential Support Amount:
- Support amounts depend on various factors, including your husband's income and your financial needs. Given his income, you could potentially receive significant support.
Would you like more detailed guidance on how to file for emergency spousal support?

How long when I go in front of the judge and things are made final for the divorce how long would I be able to collect alimony for we were married for 19 years needs is given

In Massachusetts, the duration of alimony is generally based on the length of the marriage:
- For marriages of more than 15 years but less than 20 years: Alimony may be awarded for up to *% of the number of months you were married.
Since you were married for 19 years, you could potentially receive alimony for up to *.2 years.
Would you like more information on how to proceed with your alimony claim?

now does that include the factor that I am disabled? He was my caregiver and my only source of financial support I have or I am in the middle of trying to get SSDI and that will take some time in the state of Massachusetts.

Being disabled can significantly impact the alimony you receive. Courts consider the health and financial needs of both spouses. Your disability and lack of financial support will likely be taken into account, potentially increasing the alimony duration or amount.
Would you like more information on gathering necessary documentation for your alimony claim?

so I guess what I’m trying to say is he was my caregiver I am disabled. I am starting my third claim with SSDI shortly however I have not been approved through SSDI. How long then would I be able to collect alimony for I have not worked since *.

****, considering your disability and your husband being your caregiver, these factors can influence the duration and amount of alimony. In Massachusetts, the court may extend the alimony period beyond the typical guidelines if you are unable to support yourself due to disability.
Would you like more details on how to present your disability and financial needs to the court?

yes yes, along with help on filing the motion for support and I want him to provide me and pay for my housing as well. A decent suitable place to live comfortably.

Hi ****! Here are some steps you can take to file for emergency spousal support and housing:
*. Emergency Motion for Spousal Support:
- Request immediate financial support from your husband.
- Include details of your disability and financial dependence.
*. Motion for Temporary Housing Support:
- Request housing support to cover a suitable place to live comfortably.
Would you like detailed instructions on how to file these motions in Massachusetts?

And what are my chances of the judge approving this?

Hi ****! Given your situation, there is a strong case for the judge to approve your request for emergency spousal support and suitable housing. Here are some key factors:
*. Emergency Spousal Support:
- Given your husband's income and your lack of financial support, the judge is likely to approve this to ensure you can maintain a reasonable standard of living.
*. Disability & Caregiving:
- Your disability and your husband's role as your caregiver strengthen your case for extended and possibly higher alimony.
*. Housing:
- The restraining order complicates access to the marital home, but requesting suitable housing is reasonable given your circumstances.
Would you like detailed guidance on filing these motions?

I am going to file a motion for my husband to pay for an apartment for myself. I don’t wanna live in my marital home or even see him.

Hi ****! You can file for emergency spousal support and include a request for your husband to cover your housing expenses. Here are the steps:
*. Emergency Motion for Spousal Support:
- File for immediate financial support to cover your living expenses and suitable housing.
*. Include Housing Request:
- Specify that you need financial support to pay for an apartment.
Would you like detailed instructions on how to file this motion?

yes, I would like guidance on how to file all these motions

Filing Motions for Emergency Spousal Support and Housing
To address your immediate needs, here are the steps to file the necessary motions:
*. Emergency Motion for Spousal Support:
- Prepare the Motion: Draft a motion detailing your financial needs and your husband's income.
- File the Motion: Submit the motion to your local family court. Include any supporting documents (e.g., proof of income, expenses, disability).
- Serve the Motion: Ensure your husband receives a copy of the motion.
*. Motion for Suitable Housing:
- Draft the Motion: Specify your request for your husband to cover the cost of a suitable apartment.
- File the Motion: Submit it alongside your spousal support motion.
- Serve the Motion: Your husband must also receive this motion.
Would you like more detailed instructions on drafting these documents?

yes

Hi ****!
Given your situation, you have a strong case for emergency spousal support and housing. Here's a concise guide on how to proceed:

Drafting and Filing the Motions
*. Emergency Motion for Spousal Support:
- Prepare the Motion:
- Detail your financial needs, husband's income, and your disability.
- File the Motion:
- Submit to your local family court with supporting documents (proof of income, expenses, disability).
- Serve the Motion:
- Ensure your husband receives a copy.
*. Motion for Suitable Housing:
- Draft the Motion:
- Request for your husband to cover the cost of a suitable apartment.
- File the Motion:
- Submit alongside the spousal support motion.
- Serve the Motion:
- Your husband must also receive this motion.
Would you like more detailed templates or examples for drafting these documents?

yes, I would like detailed instructions on how to file these motions and draft in these documents

Filing Motions for Emergency Spousal Support and Suitable Housing
*. Emergency Motion for Spousal Support:
- Prepare the Motion:
- Title: "Emergency Motion for Spousal Support"
- Include details of your financial needs, husband's income ($*,*/year), and lack of financial support.
- Attach supporting documents: proof of income, expenses, and disability status.
- File the Motion:
- Submit the motion to your local family court.
- Include any supporting documents.
- Serve the Motion:
- Ensure your husband receives a copy. Use a process server or certified mail for proof of service.
*. Motion for Suitable Housing:
- Draft the Motion:
- Title: "Motion for Suitable Housing"
- Request your husband to cover the cost of a suitable apartment.
- Detail your current homelessness, disability, and need for stable housing.
- Attach supporting documents (e.g., cost estimates for suitable housing).
- File the Motion:
- Submit this motion alongside your spousal support motion.
- Serve the Motion:
- Ensure your husband receives a copy. Use a process server or certified mail for proof ofservice.
Would you like a template to use for these motions?

yes

****, here are templates for your motions:

~Emergency Motion for Spousal Support
Title: Emergency Motion for Spousal Support
Petitioner: **** ****
Respondent: [Husband’s Full Name]
Introduction:
I, **** ****, respectfully request the court grant me emergency spousal support from my husband, [Husband’s Full Name], due to my current financial hardship and his substantial income.
Supporting Facts:
- Married for 19 years.
- Husband earns $*,*/year.
- I am homeless and disabled.
- I have no financial support.
Request for Relief:
- Immediate financial support covering living expenses.
- Maintain the standard of living I was accustomed to during the marriage.
Attachments:
- Proof of husband's income.
- List of monthly expenses.
- Proof of disability.
Signature:
**** ****
Date: [Insert Date]

~Motion for Suitable Housing
Title: Motion for Suitable Housing
Petitioner: **** ****
Respondent: [Husband’s Full Name]
Introduction:
I, **** ****,respectfully request the court order my husband, [Husband’s Full Name], to provide and pay for suitable housing due to my current homelessness and disability.
Supporting Facts:
- Married for 19 years.
- Currently homeless.
- Disabled and awaiting SSDI approval.
- Need stable housing to ensure safety and well-being.
Request for Relief:
- Husband to cover the cost of a suitable apartment.
- Consider my need for stability and reasonable comfort.
Attachments:
- Proof of homelessness.
- Cost estimates for suitable housing.
- Proof of disability.
Signature:
**** ****
Date: [Insert Date]

~Filing Instructions
*. Prepare the Documents:
- Customize the templates with your specific details.
- Gather all supporting documents.
*. File the Motions:
- Go to your local family court in Massachusetts.
- Submit the motions and supporting documents.
*. Serve the Motions:
- Use a process server or certified mail to ensure your husband receives copies.
- Keep proof of service for court records.
Would you like more details on the filing process or help with any specific section?

yes, please

Here's a template to help you draft your motions:

~Emergency Motion for Spousal Support
Title: Emergency Motion for Spousal Support
Details:
- I, **** ****, request emergency spousal support due to my financial hardship and lack of income.
- My husband, [Husband's Name], earns approximately $*,*/year.
- I am currently homeless and disabled, relying solely on my husband's financial support.
Attachments:
- Proof of Husband's Income
- Personal Expense Records
- Disability Documentation

~Motion for Suitable Housing
Title: Motion for Suitable Housing
Details:
- I, **** ****, request that my husband, [Husband's Name], cover the cost of a suitable apartment for me.
- I am currently homeless and disabled, and I require stable housing to meet my basic needs.
Attachments:
- Cost Estimates for Suitable Housing
- Proof of Current Homelessness
- Disability Documentation

~Filing and Serving the Motions
*. File the Motions:
- Submit both motions to your local family court.
- Include all supporting documents.
*. **Serve the Motions: - Ensure your husband receives a copy of each motion. Use a process server or certified mail for proof of service.
Would you like more detailed guidance on any specific part of this process?

Emergency Spousal Support Request

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