Do I have to have a lawyer to file for divorce in order to leave my abusive alcoholic husband?

I have metastatic breast cancer and can no longer handle his abuse and he won’t leave the house. I am the mother of an eleven year old and I also have metastatic breast cancer. I do not qualify for legal aid because I make too much, and they don’t take into account my medical bills. Currently I cannot get my husband to leave the house. The house is in my name, as are all the bills, for my husband has no credit. My husband’s drinking has gotten a lot worse since my diagnosis two years ago. He over draws on the account and emotionally manipulates me and try’s to make me think I am crazy. I am desperate.

Asked on July 23, 2012 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  It can not be easy for you but You sound like you are a string person despite your situation.  You do not need an attorney to file for divorce.  But they can help to fight for your rights, which is what you need here.  What you need is to file and ask the court for exclusive occupancy of the home as well as a restraining order against him given the situation.  That will help to resolve the situation for the time being.  Good luck.

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