A Motion to Vacate the marital home is under the Mass General Laws Ch. 208, Section 34B.  The court may issue an order to vacate although the opposing party does not reside in the marital home at the time of its issuance, or if the moving party has left such home and has not returned there because of fear for his or her safety or for that of any minor children. It is not the same process as a restraining order, but it is a high burden to have the spouse move out, it is uncomfortable or stressful.

There was a recent case in 2023, that was unpublished but still relevant and it did talk about how a family court judge was allowed to order the spouse to vacate the marital home based on the wife’s argument that the husband was discussing the divorce proceedings with the party’s minor child and blaming the situation on the wife.  That does not mean though that the court is required to do that, and that is a unique argument that has been justified by the Appeals Court.