Can I make my spouse leave the marital home during a divorce?

It is not uncommon to wonder if you have the authority to force your spouse out of the marital home when you are going through a divorce. You may even consider leaving the home yourself to make things more seamless. Continue reading to discover the logistics of a situation such as this and the best ways to approach it while keeping an end goal in mind. Reach out to our experienced divorce attorney who can answer any further questions you may have regarding leaving the marital home during a divorce. Our firm is here to help. Give us a call to learn how we can assist you.

Speak with an Attorney Before Making Major Changes to your Home Life

It is important to understand that you are always free to leave the marital home. This is especially true if you are the victim of physical abuse or verbal harm. Call the authorities immediately for protection if you are a victim of domestic abuse.

You may get an emergency order from a Municipal or Family Court judge to remove your spouse from the marital home if this is the case. This will keep you and your children safe and a hearing will be scheduled within ten days. This hearing will determine whether there is enough evidence to keep your spouse from returning to the home on a permanent basis. If the order is granted, they will not be able to return to the home. They will only be able to retrieve personal belonging with a police escort.

However, if you are not a victim of domestic abuse, you may want to wait and speak with an attorney before making major changes in your circumstances as you face a divorce. With the assistance and legal advice of an experienced attorney, you will be able to better view the potential repercussions for actions such as leaving the marital home or asking your spouse to leave the marital home. Leaving the home may have a negative impact on the outcome of your divorce, especially if you share children with your former spouse. Leaving your children with your spouse when you are seeking custody of your children could create a financial burden for you and your spouse and could be viewed negatively by the court.

It is essential that you reach out to an experienced divorce attorney if you are considering leaving the marital home or having your spouse removed from the marital home. Our experienced legal team will walk you through this process. Give our firm a call today to learn more about our service and how we can assist you. 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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