Should I Move Out of My Family Home During My Divorce?

suburban family home

Working through a divorce is typically an emotional and difficult process, which is why you probably feel more comfortable moving out of your family home to separate yourself from your spouse. However, even though it may not seem like it, this is a big decision to make during your divorce proceedings that may impact your settlement agreements. To find out more, follow along to see how one of the seasoned Hudson County family law attorneys at Greenberg & Walden, LLC can help you assess your move-out situation.

Do I have to move out of my family home during my divorce proceedings in the state of New Jersey?

By New Jersey law, neither spouse has the right to force the other to move out of the family home before the divorce is finalized. Even if the family home is owned by one spouse and is not considered marital property, the owner cannot force the other to leave.

Can I force my spouse to move out during my divorce proceedings?

There are exceptions to the aforementioned law. For example, if you are a victim of domestic violence, you may file for protection with a New Jersey judge who can issue a restraining order that will remove your spouse from your family home. Also, if you can provide clear evidence to a judge that your spouse’s move out would be in the best interest of your child, they may grant your request.

How can a move-out impact my divorce proceedings?

If you are dealing with a child custody settlement agreement, then it may be beneficial for you to remain in your family home. This is because the New Jersey court will likely prefer to give custody rights to the parent who remains in the family home with the child.

So if you must move out, you should bring your child with you so that they can remain in your care. If your spouse will not sign an agreement consenting to your move, you can obtain an order for temporary physical custody of your child if the court deems it necessary. Also, it is important to choose a new residence that is well suited for a child, regardless of whether it is only a temporary stay.

For more information, contact one of our competent attorneys at our boutique New Jersey law firm located in West New York today.

Contact our Firm

If you need assistance with any family law issue, contact Greenberg & Walden, LLC today.

Call 201-854-2200 or Message Us for a Free Consultation & Important Answers about Your Legal Options | Hablamos Español


Read Our Latest Blog Posts