Legal Question in Family Law in New Jersey
divorce
i have been married for 7 years and live with my husband and his 17 year old daughter. my husband served me with a divorce complaint two weeks ago.
my husband and i purchased our home jointly. he and his daughter are trying to force me to leave the residence.
what is my legal standing in this matter?
Thank you.
1 Answer from Attorneys
Re: divorce
Absent any acts of domestic violence, you have just as much right to remain in the house as he does. In fact, because it is your marital residence, even if his name was on the deed alone, you would still have the right to stay. As an aside, domestic violence would change that opinion. The victim of the domestic violence could apply to the Court for an Order evicting the perpetrator. For the purpose of this answer, however, I am assuming domestic violence does not apply. On the other hand, I would think that both of you being in the house together under these circumstances would be very uncomfortable. Accordingly, you may want to jointly figure out an exit plan for one of you, making it financially feasable for you to be apart. If you are able to talk with each other, a mediator may be a good choice in this case.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have apparently not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner