New Jersey Divorce Attorneys Providing Answers: What Happens if I Move Out of My Home While Getting Divorced?
If you are going through a divorce, you may be wondering if you should move out of the marital residence. You do not have to move out of your home unless you want to. When both you and your spouse are aware that neither has to vacate the marital home, on some occasions a spouse will attempt to obtain a temporary restraining order to have his or her spouse removed from the home. Whether it’s in your best interests to move out depends on your unique situation, but you should consult with one of our attorneys prior to moving out.
At Townsend, Tomaio & Newmark, L.L.C., our New Jersey divorce lawyers have years of experience in the area of family law. Whether you are going through a divorce or are considering filing for divorce, we offer a free initial consultation to discuss your case and answer your questions. We represent clients in Morristown, Newark and other New Jersey communities.
Misconceptions About Divorce and Moving Out in New Jersey
There are many misconceptions about what happens when you move out. In New Jersey, you are not abandoning your property rights, your spouse or your children if you move out. Those rights and relationships exist whether you live in the marital residence or not. But if a spouse moves out of the marital home, it does make it more difficult to negotiate a fair parenting time arrangement.
It is no secret that divorce can be a difficult time. Staying in your home can increase tension and cause friction with your spouse. Some divorce lawyers actually advise their clients to remain in the home because the difficulties may encourage a faster resolution of the case. However, staying in your home may only make you more unhappy and lead to counterproductive arguments with your spouse.
If staying at home is creating problems for you, moving out may be the best way to preserve your mental health, but you should contact an attorney to negotiate a parenting time arrangement prior to vacating the marital home.
Contact Our Morris County NJ Divorce Attorneys Today
Contemplating moving out of the marital home is a serious decision. The information provided only discusses some of the issues that could affect your future. The only way to receive legal advice is to discuss your case with one of our attorneys. Everyone’s circumstances are unique, and the answer that is right for someone else might not be right for you. To schedule a free initial consultation, call 973-840-8970 or toll free at 973-840-8970.