Legal Question in Family Law in New Jersey

Can husband stay

I have 2 young children and want to tell my husband that I want a divorce. What are his rights as far as staying in the house after I tell him this? My fear is that he will refuse to leave which will leave me no choice but to leave with my kids which I feel will make the whole process more difficult. So, can he legally refuse to leave? Thank you


Asked on 6/30/01, 9:47 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Can husband stay

Absent Domestic Violence considerations, your husband has as much right to stay in the house as you do, as uncomfortable as that may be. If he is not supporting you, you would have the right to apply to the Court for an Order of Separate Maintenance. If you decide to leave, then you can file an action against him in the context of a pendente lite (before the final divorce hearing) motion, requiring him to support you and the children. 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 it appears that you have not retained an attorney, 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

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Answered on 7/02/01, 2:00 pm


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