Legal Question in Family Law in New Jersey

Re: living arrangements

If your husband is named as a tenant on the lease he has a right to remain where he is. Only his misconduct can result in his being ordered by a court to leave. By misconduct I mean an act of domestic violence directed toward you or your child.

I do not advise you to to use dometic violece as a basis for evicting your husband unless he has committed an assault, terroristic threat, acts of harrassment or other of the enumerated acts of

domestic violence.

Perhaps you should call me and tell me what he has done that you want him out.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: living arrangements

I doubt you can force him to move out. Regardless, it sounds like you need a good attorney who can get you what you want without it costing you a lot of money. Since there is no house, it doesn't sound like it will be an expensive fight for you to go through. A lot of divorcing couples have to live together, its nothing new. Just don't give him anything that he could use against you, i.e. throwing out his stuff. My consultations are always free, so feel free to call me at 732/247/3340. The Courts are closed so I'll be in my office all day today and I'll be back on Wednesday.

Good luck!

Re: living arrangements

You will not be able to get him to leave the apartment through the legal system, unless there is domestic violence (generally hitting, or threats or destroying things, something like that). That does not mean you will lose your security deposit.

Clearly, you want to get a divorce. You can get a divorce even if he does not move out, I have filed for divorce for several of my clients even when their husbands did not move out.

There is a lot to talk about. You will have to raise your daughter, and you should try to get her father to pay child support money to you. There are a lot of other things to talk about too, even though some things will not apply to you. Even if he is yelling that he will never agree to a divorce, a good lawyer should be able to help you get a divorce without too much fighting.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: living arrangements

You cannot force him to move out. Assuming you pursue a divorce, who gets possession of the apartment would ultimately be an issue to be resolved as part of the settlement of all issues. Since it is an apartment, you have no financial equity in the apartment; your only claim appears to be your interest in the security deposit. For your own well being, why not just move out with your daughter, find a new apartment and then pursue the divorce issues?

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good

luck! Rob Gleaner