Legal Question in Family Law in New Jersey
cohabitation during divorce procedings
when filing for a no fault divorce, can the couple continue to cohabitate and even after the divorce?
Asked on 5/08/03, 1:45 pm
1 Answer from Attorneys
Lorraine Ahlers-Mack
Law Offices of L.Ahlers-Mack
Re: cohabitation during divorce procedings
In New Jersey no fault divorces are granted provided the couple have lived separate and apart for a period of 18 or more months and there is no reasonable prospect for reconciliation. After the couple have lived separate and apart for 18 months the law presumes that there is no reasonable prospect for reconcilation and they may then live together but of course this leaves one party vulnerable to the other party attempting to rebut the presumption prior to the final entry of a judgement of divorce and I would therefore never counsel my client to do so.
Answered on 5/08/03, 2:05 pm
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