What Are My Rights During a Traffic Stop?
Given the current economic pressures, particularly high housing costs and rising mortgage rates, many New Jersey couples facing divorce question whether one party has to vacate the marital home. Despite what is often depicted in films, one party is not legally required to move out before filing. Couples can cohabitate while divorcing. However, this arrangement requires careful planning. Please continue reading as we explore what you should know about these matters and how a knowledgeable Bergen County Divorce Attorney can help you navigate these difficult times.
How Does New Jersey Law View Separation?
First and foremost, it’s crucial to understand that the Garden State doesn’t recognize “legal separation.” Essentially, you are either legally married or divorced. When it comes to filing for divorce, you can pursue no-fault grounds like irreconcilable differences. However, to cite this ground, you must demonstrate that your marriage has been broken for at least six months and that there is no hope for reconciliation.
Nevertheless, the court understands that you can be leading “separate lives” while living under the same roof. To prove you are leading separate lives, you will need to establish strict boundaries, such as:
- Sleeping in different rooms
- Refraining from romantic relations
- Ceasing socialization
- Informing friends and family of your relationship status
What Are the Risks of Cohabitating During Divorce?
If you decide to continue living under one roof while dissolving your marriage, it’s important to understand that keeping up with all of your shared expenses with a joint account can backfire. The court may view this as your standard level of spending, resulting in a greater temporary alimony obligation once you leave. To prevent this, you must establish a separate bank account and consider drafting a Separation Agreement that stipulates who is responsible for paying certain household expenses like the mortgage, utilities, and grocery bills while cohabitating.
Furthermore, cohabitating can complicate child custody decisions. If you are still residing under the same roof during a split, your routine can be used as evidence. If you allow your spouse to handle essential childcare duties regularly, you could inadvertently jeopardize your chances of obtaining 50/50 custody down the road. To avoid this, you should establish a parenting plan.
Can You Force Your Spouse to Leave?
While you can’t necessarily lock your spouse out of your home, even if only your name is on the deed, the court can force your spouse to leave under the following circumstances:
- If you or your children are in imminent danger, the court can issue a Temporary Restraining Order (TRO) to ensure safety.
- If living together threatens your children’s well-being, an attorney can help file a motion requesting relief.
At McNerney & McAuliffe, we are prepared to help you draft a separation agreement and protect your interests. Connect with our firm today to schedule your initial consultation.
