Do I Have to Leave After Receiving New Jersey Divorce Papers?

leave move divorce papers new jersey

Your first instinct might be to move if you and your spouse have decided to divorce. Perhaps it is your desire to avoid the arguing and bickering that contributed to the breakup of your marriage. You might want to alleviate your spouse’s discomfort of having you remain in the house if you were the one who initiated the divorce. Nevertheless, moving out of your family home before your divorce is final may not be in your best interests. For more information on why you should not leave the family home after being served with divorce papers in New Jersey, please read on, then contact one of our experienced Monmouth County divorce attorneys today. Here are some questions you may have:

Can one spouse force the other to leave the family home in New Jersey?

In a Garden State divorce, neither spouse has the right to force the other to vacate the family home until the divorce is finalized. Until the marriage is dissolved, both spouses have equal rights to reside in the home.

What if one spouse is the sole owner of the family home?

The owner can’t force the other spouse to leave even if one party owns the family home and it is not considered marital property.

Are there any exceptions to staying in the family home?

Per the Garden State’s Prevention of Domestic Violence Act, a judge can issue a restraining order to bar an abusive spouse from the home. Also, if the family court decides that it would be in the best interests of any children involved, it can grant a request to force one of the spouses to move out. For this to happen, the spouse requesting the order must attend a full hearing and provide the court with clear evidence that the move would benefit the children.

Why should you not leave the family home in New Jersey?

You have several advantages if you and your spouse can coexist peacefully, including, but not limited to, the following:

  • Custody of minor children: When making child custody decisions, the family court often gives preference to the parent who stays in the home with the children.
  • Access to belongings: If you move out, you have no guarantee that you will return, thus barring you from valuable financial information and other important documents or possessions.
  • Financial consequences: You may have the financial burden of paying for two residences unless you can arrange to live temporarily with friends or relatives while your divorce proceeds.

If you have any further questions or would like to discuss your options, please reach out to one of our skilled Monmouth County divorce attorneys as soon as possible.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.