Legal Question in Family Law in New Jersey

Re: Separation but husband will not leave house

It is hard for me to answer your questions because it is unclear what is occurring. Except in a very small number of cases not apparently applicable to this case, people in NJ do not file for "separation"; they file for "divorce". And, people can be living in the same house and still be pursuing a cause of action for divorce. The cause of action cannot have anything to do with the separation of the parties, but it could be any of a number of other causes, such as "extreme cruelty" or "adultery". There are others as well.

Absent an Order under the Domestic Violence Act, both parties have the right to continue to live in the house. Hopefully, they will both be civil to each other while the divorce is pending.

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 your sister has not retained an attorney, she may want to contact a Family Law attorney (either me or someone else) to discuss the matter in more detail. Only then will she be able to rely on the advice. If she calls me, [856-546-8010] tell her to mention Law Guru and her first one hour consultation will be free. Good luck! Rob Gleaner