Can I Force My Spouse to Leave the Marital Home During a Divorce?

“Can I make my spouse leave the marital home?” is not an uncommon question to ask for many spouses who are facing a divorce:  You may even consider leaving the home yourself. To discover the logistics regarding this situation and the best way to approach it, continue reading. For guidance with discovering who should leave the marital home during a divorce, reach out to our experienced Bergen County divorce attorneys.  Our legal team is prepared to walk you through each step of this process while maintaining your best interest in mind. Give us a call today to learn more about our services and how we can assist you.

Can I make my spouse leave the marital home?

The first factor to note is that you are always free to leave the marital home during a divorce. This is especially true if you are a victim of physical abuse or verbal harm. In this case, it is crucial that you alert the authors for protection if you are a victim of domestic abuse. In these circumstances, you may get an emergency order from a municipal or family court judge to remove your spouse from the marital home. This is in an effort to keep you and your children safe. A hearing will be scheduled within ten days to determine whether there is enough evidence to keep your spouse from returning to the home on a permanent basis. If this is granted, your spouse will only be able to retrieve personal belongings with a police escort and will no longer be able to return to the home after the fact.

However, if you are not a victim of domestic abuse, it is best to wait and speak with an attorney before you make a major change in your circumstance such as leaving the marital home or asking your spouse to leave. With the assistance of an attorney, you will be able to view the potential repercussions of such actions.

Leaving the home may have a negative impact on the outcome of your divorce. This is especially true if you share children with your spouse. Leaving your children with your spouse can create a financial burden for you and your spouse. This could be viewed negatively by the court if you are seeking custody of your children.

If you are considering leaving the marital home or having your spouse leave the marital home, it is important that you speak with our knowledgeable Bergen County divorce attorneys for guidance. Our legal team will walk you through your options and will help you to come to a conclusion that is best for you and your children. To learn more about how we can assist you, give our firm a call today. You do not need to go through this process alone.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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