Like many things within the law, the answer is “it depends.” If you or someone you know has a question about who gets to live in the house while a divorce is pending, call the skilled matrimonial attorneys at Lyons & Associates at 908-575-9777.
In the typical divorce, courts generally will not force a spouse out of the marital home before a divorce is finalized. Either spouse may be permitted to move out voluntarily, but most times courts will not expel one spouse out of the home against his or her will until the divorce is complete.
However, there are two main exceptions that could cause a court to kick your spouse out before the divorce is done. One exception has to do with domestic violence. Under New Jersey’s Prevention of Domestic Violence Act, a person who is the victim of abuse can apply for a Restraining Order that permanently bars the offending spouse from the home.
Another main exception relates to certain behavior that could be seen as dangerous to children. So, for example, if a spouse is engaging in addictive or criminal behavior that jeopardizes your children’s safety, then a court also could eject your spouse from the home early on in your case.
Contact the New Jersey Divorce Lawyers at Lyons & Associates
Again, every case is different. So, if you have questions about whether you can force your spouse to leave the marital home, call Lyons & Associates for a consultation today at 908-575-9777. You can also fill out our online intake form.
Written by: Theresa A. Lyons