4 Commonly Asked Divorce Questions
Are you going through the divorce process in New Jersey and have questions? Check out these 4 commonly asked divorce questions and call us today.
Can We Share the Same Home During Divorce?
In these financially difficult times, the issue of whether divorcing spouses should stay in the same home doesn’t really lend itself to a simple answer. First and foremost, if the parties are aggressive and hostile toward each other, the chance of one or both parties claiming domestic violence becomes very likely if they continue to reside in the same home. That could work to the detriment of either party. First off, you’ve got to make sure you can get along, or at least be civil, until the divorce is finalized. That’s even more important if there are children.
Do I Have to Let My Spouse Move Back in?
Generally speaking, unless there’s a court order barring a spouse from entering into the marital home after they’ve left, they have a right to be there. This is especially true if they’re sharing in the cost of the home’s maintenance or have no other place to live. The only way to prevent a spouse from coming back into the marital home – because remember, you both own the property – is to obtain a court order.
You can seek a court order via a motion in which you give the court specific reasons why the other spouse should not be allowed in the home. For example, the spouse may be violent, or it may be a toxic situation, especially if you have children and there’s constant arguing. The court would likely consider such factors, as well as certain financial aspects. The court will seriously consider the ability of that person to live somewhere else and, if they can’t, you may very well have to stay in the same home.
Do I Need to go to Court for a Divorce?
- If you are filing an uncontested divorce, you more than likely will not need to attend court.
- You will need to attend court for a short time if you don’t respond to a received divorce complaint.
How Long Must I Live in the State Prior to Filing Divorce?
- You must have resided in New Jersey for at least one year to file divorce, unless the divorce involves infidelity.
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