Generally, a party may move out of a marital residence during the marriage and not lose their rights to the equity in the marital home. They may however lose possession or the right to stay in the marital home. The other party may for instance change the locks on the doors if the other party has made it clear that they no longer will be living in the marital home and that they have now moved out into a new residence. If you have children and you leave the marital home without the children, it may affect your rights as to being the parent of primary residence in the future, unless you immediately establish a parenting schedule and have the children stay overnights with you in some manner. These issues are discretionary for a court and make sure you obtain proper legal advice before moving out of your marital residence. There are often unintended consequences to such a move. For example, you will likely still be responsible for the status quo bills on the marital residence e.g. mortgage, taxes etc. So, now you will have created a situation where you will have to pay for the bills in two locations. Unless, of course, the status quo was different than that. Call us at 732-390-0480 or 201-242-1119 in our Fort Lee or East Brunswick offices for a free consultation and ask us about our flat fees for an uncontested divorce, to save you time and money. We have night appointments as well. Green & Associates, your experienced NJ divorce lawyer and NJ divorce attorney for you New Jersey divorce.
Jun 23, 2016 @ 07:09 AM — by Michael Green