Sometimes leaving the house during the divorce process seems like the best choice. Divorces can get heated and stressful, after all. However, in New Jersey, the choice to leave the marital home can have significant legal, financial, and emotional consequences. Whether you are the one moving out or your spouse is leaving, understanding how this decision impacts your divorce case is crucial. Below, we explore the potential effects of moving out of the family home during a divorce in New Jersey and what you should consider before making this important decision.
Key Takeaways
- Moving out of the family home during a divorce in New Jersey does not affect the ability to file for divorce, but it could impact custody and property division decisions.
- The court may view the parent who stays in the family home as providing a more stable environment for children, though it does not automatically result in losing custody.
- While New Jersey is a no-fault divorce state, leaving the marital home could be used against you in contested divorces, particularly in relation to alimony and abandonment claims.
- Moving out can lead to financial strain, affecting spousal support and property division, as both spouses may face increased living expenses.
- Before moving out, it’s important to consult with an attorney, create a financial plan, and consider temporary arrangements to ensure a fair and less contentious divorce process.
Steps for Divorced Parents Considering a Move
The Legal Implications of Moving Out During Divorce
If you move out of the family home during divorce, there are consequences that you need to keep in mind:
Residency Requirement for Divorce
In New Jersey, you or your spouse must meet the residency requirement to file for divorce. You must have lived in the state for at least one year before filing for a divorce unless the grounds for divorce (such as adultery or abuse) occurred within the state. Moving out of the family home does not affect your eligibility to file for divorce, but if you move out of New Jersey altogether, it may affect your ability to proceed with the divorce in the state.
Custody and Parenting Time
If you have children, leaving the family home could influence child custody arrangements and parenting time. Courts in New Jersey prioritize the best interests of the child, and the parent who remains in the family home may be perceived as having a more stable environment for the children. If you move out, it may be more challenging to demonstrate that you are the parent with the most stable living situation, although other factors, such as your relationship with the children and ability to provide care, are also considered.
However, moving out does not automatically mean you lose custody or parenting time. The court will assess both parents’ ability to provide for the child’s needs and make a fair determination based on all factors involved.
Abandonment Concerns
In some cases, a spouse who moves out may be accused of abandoning the other spouse. While New Jersey is a no-fault divorce state, the decision to leave the marital home can still be used against a spouse in the divorce proceedings, particularly in contested divorces. If your spouse claims that you abandoned them, it may influence issues like alimony or property division. However, simply moving out does not constitute legal abandonment.
The Financial Impact of Moving Out During Divorce in NJ
There is more than the legal side of moving out to consider. Leaving the family home means finding somewhere else to stay, and that financial choice could alter the outcome of your divorce. Here’s what you need to know:
Spousal Support and Alimony
Moving out may have financial consequences, especially when it comes to alimony and support. If the spouse who moves out was financially dependent on the other, it may impact alimony determinations. Courts in New Jersey consider a variety of factors, including each spouse’s financial situation, when deciding alimony, and leaving the home could influence those determinations.
Living Expenses and Housing
When one spouse moves out, they need to secure their own housing, as mentioned previously. Either spouse may face financial difficulties. For example, if you remain at home but were the dependent spouse, you may face undue financial strain when it comes to maintenance, mortgage payments, utilities, and more. It is important to plan for these changes and negotiate temporary arrangements for housing costs, especially if the divorce is contested.
Division of Property
Moving out of the family home could also affect property division. In New Jersey, marital property is divided equitably, but not necessarily equally. The court looks at various factors, including the length of the marriage, the financial and non-financial contributions of each spouse, and the value of property owned by both parties.
While the court will not automatically award the home to one spouse based on who stays or leaves, the spouse who stays in the home may be more likely to receive it as part of the overall property settlement. In cases involving significant property or high-net-worth divorces, moving out may trigger more complex negotiations over assets and liabilities.
Emotional and Social Considerations
Leaving home will also create a ripple in other facets of life, such as your social circle. It’s important to conside the following emotional and social effects:
Emotional Consequences
Moving out of the family home can have emotional consequences. The marital home is often filled with memories, and leaving it can create a sense of loss, especially if you and your spouse are not yet fully separated. On the other hand, staying in the family home may create ongoing tension and conflict. A neutral, peaceful living environment can provide the space needed for emotional healing, which is crucial for both parties as they move forward in the divorce process.
Perceptions of the Courts and Family Members
The decision to leave the family home can also influence how you are perceived by both the court and your family. While New Jersey is a no-fault divorce state, the perception that one spouse abandoned the other can have consequences in terms of support and custody decisions. Additionally, family members and friends may have their own biases or opinions about your decision to move out, which could lead to additional emotional stress or complications.
Communication and Co-Parenting
Moving out can change the dynamic between you and your spouse. If you share children, you may need to adjust your co-parenting arrangements to ensure that both parents remain actively involved in the children’s lives. Open communication and cooperation will be necessary to ensure that the transition is as smooth as possible for the children.
Steps to Take if You Are Considering Relocating During Divorce
What Should You Do Before Moving Out?
Before making the decision to leave the family home during a divorce, consider the following:
- Consult an NJ Divorce Attorney: Before taking action, it is essential to consult with a family law attorney who can provide personalized advice based on your unique situation. An experienced divorce attorney can help you understand how moving out will affect your case and advise you on the best course of action.
- Create a Financial Plan: Moving out will likely involve additional costs, such as rent, utilities, and living expenses. Make sure to have a clear financial plan in place before making any decisions.
- Negotiate Temporary Arrangements: If you and your spouse can agree on temporary custody, property arrangements, and financial obligations, this can help reduce conflict and ensure that both parties are treated fairly during the divorce process.
- Consider Mediation: Mediation can be a helpful tool for resolving disputes in a divorce. If you’re having difficulty agreeing on living arrangements or other issues, a neutral mediator can help facilitate a resolution.
Speak With a New Jersey Divorce Attorney Today
Moving out of the family home during a divorce in New Jersey can have legal, financial, and emotional consequences. It’s important to carefully weigh the impact of this decision and consult with an experienced divorce attorney to understand how it will affect your case. At Ziegler Law Group, LLC, we provide personalized legal advice to help clients navigate divorce proceedings, including the challenges of moving out of the family home. Contact us today at 973-533-1100 to schedule a consultation and receive the support you need during this difficult time.
