Arons & Solomon Divorce Lawyers | July 30, 2024 | Divorce
Continuing to live in the same home while going through a divorce is not ideal for most couples. Even when things are amicable, decisions about property division, including who gets the house, can cause tension.
New Jersey is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally, in a divorce. Generally, both spouses have certain rights to the marital home until the divorce decree is finalized.
So, what can you do if a disagreeable spouse refuses to budge? The best idea is to contact an attorney who is experienced in New Jersey property division laws for professional guidance.
Why Won’t They Leave?
Understanding why your spouse won’t leave may hold the key to getting them out.
Whether you are a young couple or part of the “gray divorce” community, some of the most common reasons include:
- They do not want a divorce in the first place
- They don’t want to make any concessions to their soon-to-be ex
- They can’t afford to move
- They fear they will lose their legal rights to the property if they leave
- They don’t want to disrupt their children’s lives more than necessary
- They are abusive or controlling
- They enjoy making things difficult for their spouse
If your spouse is having trouble accepting the divorce or fears they will lose property rights, professional guidance may be helpful. Consider joining the person in couple’s counseling for the purpose of a more gentle, compassionate “uncoupling.” Learning to accept the changes in your relationship may make it easier for your ex to move on with their new life.
If your spouse doesn’t have a clear understanding of their rights regarding property division, encourage them to speak with an attorney who does. Once they know that moving doesn’t mean forfeiting any claims on the property, they may be more willing to go.
“Nesting” is a new term for allowing children to stay in the family home while parents alternate moving in and out. If a spouse’s concerns are genuinely about providing stability for the children, a nesting agreement might offer a compromise that allows both parties to enjoy their independence from one another.
When a Spouse Is Abusive
You can’t force a stubborn spouse out of their jointly-owned home, but you can protect yourself from domestic violence and abuse. When one spouse is physically, verbally, or emotionally abusive to the other — or to the couple’s children — there are legal options you can pursue.
Speak with an attorney about filing a restraining order that will require the abusive spouse to stay away from you or your children. If domestic abuse can be proven in a court of law, the judge can issue a formal order requiring the abusive spouse to move out of the home.
Working It Out With Your Spouse
New Jersey divorce rates are close to the national average, but every situation is unique. Getting a spouse to leave their marital home in New Jersey might be difficult, but it’s not impossible.
Addressing their concerns about child custody and visitation, property ownership, or the divorce itself could be the answer. If the spouse is abusive, there are legal options that can help protect you and your children.
Remember that this is a temporary situation that will be resolved when the divorce is finalized. Though difficult, your circumstances will improve soon, and then you can begin the process of rebuilding your life as a single person.
Contact the Bergen County Divorce Lawyers of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States