Legal Question in Family Law in New Jersey
getting divorced and wife wont move out
My wife was opposed to us divorcing.She has used every excuse to prolong the inevitable.I think she's starting to come to terms with it but wont move out.I've been trying to end this nicely for over a year now. I pay everything.She never worked(yet has a masters degree).Only recently is she now working.Promised she was moving to her mothers for months now but yet wont leave.She's brought a few things there but now claims she wont leave b/c the house is 1/2 hers and the contents.I was told I shouldnt leave b/c its abandonment, since I pay 100% of everything. Although I've paid for everything (house AND contents) I'm fine with splitting it. I just want her to move out while we go thru the paperwork. What can I do legally to get her out? Also, we've only been married 5 years. I have my own business and make quite a good living. She hasn't worked until the past couple months. Will I have to pay alimony? Thank you
2 Answers from Attorneys
Re: getting divorced and wife won't move out
Absent some factors that are not apparent from the information you have given me, she has no obligation to move out pending the divorce. I have seen many couples continue to occupy the marital residence until the paperwork is signed or some other triggering event, such as receipt of proceeds of sale or a refinance. I would suggest that you assume different rooms while the process takes its course. It seems to me that the fastest way to move this along would be for at least one of you to get an attorney to write up paperwork for anything that you have resolved, or better yet, both of you can retain a mediator to do this. The faster this is accomplished, the quicker the divorce. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly 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 it appears that you have not retained an attorney, you may want to contact a divorce attorney or both of you can contact a divorce mediator (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: getting divorced and wife wont move out
I am located in northern NJ, and the attorney who replied earlier, Mr. Gleaner is in Southern NJ. You should choose an attorney located reasonably close to you.
I disagree in part with the other attorney. I do not think you should go to a mediator first, but maybe later. I think you must immediately hire an attorney to advise you. The information that you gave is incomplete, there are numerous things to deal with, and you may do yourself a great deal of harm unless you have expert advice. Please do not take this advice lightly. I am never able to completely undo serious damage done to themselves by clients who try to do it themselves first. I also suggest you do this before you go to a mediator. You need to know what your options and legal rights are. This is a VERY much more complicated problem if you have your own business.
My contact information is available below my name. Please contact me if I can be of assistance. I will be away from Dec. 23 until Jan. 4
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