When you and your spouse grow apart, it is probably best that you move forward separately. However, separating too soon, by moving out during your divorce proceedings, may not be the best decision to make. Find out why this may be, and how a proficient Somerset County divorce attorney at Siragusa Law Firm can assist you in determining your best course of action.
What are the laws surrounding moving out during divorce proceedings in the state of New Jersey?
According to New Jersey law, both you and your spouse have the equal right to remain in your family home, which is considered marital property, during your divorce proceedings. Even if your spouse is the sole owner of the residence and it is technically not considered marital property, they cannot force you to move out.
How can I have my spouse move out during my divorce proceedings?
If you and your spouse are amicable, you both should remain in the family home. However, it is understandable that there are some circumstances in which a move-out is necessary. For instance, if 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. Or, if you can argue that your child is in danger in the presence of your spouse, the court may grant you a similar order.
How can moving out during my divorce proceedings impact my child custody agreement?
Your child custody agreement may be dependent on whether you remain at your residence. That is, New Jersey courts tend to favor the parent who cares for the child in the family home that they have grown accustomed to.
With your moving out as a last resort, you should not hesitate in taking your child with you. First, you must have your spouse sign a consent agreement, or receive a court order for temporary physical custody. Then, you should select a residence that is well equipped to raise a child, regardless of how long you plan to stay there.
If you require further assistance on how to go about your next move, do not wait to consult with a Somerset County child custody attorney.
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