Am I Required to Move Out of My Family Home During My Divorce?

Divorce is a significant legal issue, meaning that any action you do throughout the process can significantly impact the outcome. This can include moving out of your family move during your divorce proceedings, especially if there are child custody and child support issues at hand. To find out more about the pros and cons of a move-out, continue reading to see how one of the seasoned attorneys at our Morris County divorce & separation law firm, Haber Silver Simpson & Russoniello, can guide you through the decision-making process.

Am I allowed to stay in my family home during my divorce proceedings in the state of New Jersey?

Rest assured, by New Jersey law, your spouse does not have the right to force you to move out of your family home before your divorce is finalized. This is because your house is considered marital property, so both you and your spouse have equal liberty to stay. Notably, in New Jersey, this applies even if your spouse is the sole owner of the residence and it is technically not considered marital property. Nonetheless, if you and your spouse are amicable, it is recommended that you do not make any unnecessary moves.

Under what circumstances can I force my spouse to move out during my divorce proceedings?

Sometimes, a move-out may be necessary for the safety of you and your child. Say you are a victim of domestic violence. You may file for protection with a New Jersey judge who can grant you a restraining order that will undoubtedly remove your spouse from your residence. And if you have evidence that this move out would be in the best interest of your child, a judge may issue similar protection.

If I move out during my divorce, will it impact my child custody agreement?

If there is a child custody agreement on the line, you should remain in your family home with your child. This is because the New Jersey court will likely prefer to give custody to the parent who primarily cares for the child and maintains the lifestyle they have grown accustomed to.

But if you must move out, you should bring your child with you. If your spouse will not sign an agreement consenting to your move, you can obtain an order for temporary physical custody 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 New Jersey child custody attorneys today.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, contact Haber Silver Simpson & Russoniello today to schedule a consultation.