Legal Question in Family Law in New Jersey

Must one vacate the property

My huband has lived downstairs in the bi-level house for 3 years.No sexual contact in two years.Mut I vacate the premises to file for separation and can I file for separation maintence?


Asked on 8/13/01, 9:45 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Must one vacate the property to maintain a cause of action for divorce

You certainly do not need to vacate the premises to have a cause of action for divorce. It appears to me that you do have grounds for a divorce and you could file for divorce or, under the right factual circumstances, obtain an Order for Separate Maintenance. 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 8/16/01, 11:10 am


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