
Even before the divorce process begins, most couples understand that their marriage is over. Some spouses choose to leave the marital home or even begin dating before the divorce is finalized. If you are filing for divorce you may wonder if it is okay for you to move out and get a place of your own before beginning the process. While it can make things tricky, it is perfectly legal to move out given that certain circumstances are met. For more information and legal representation during the process, reach out to a Sussex County, Sparta divorce and separation attorney today.
Does NJ Require a Separation Period?
Unlike some states, New Jersey law does not require a divorcing couple to endure a period of separation before their divorce can be final. NJ offers couples the option of choosing either a fault-based or no-fault divorce. Even in a no-fault divorce where the grounds are generally irreconcilable differences, the couple only needs to establish that the breakdown of the marriage has been occurring for at least 6 months before filing.
Can I Move Out Before Filing for Divorce?
Although NJ state law does not require either spouse to move out and live separately before filing for divorce, some people may wish to do so. But will it cause complications?
In terms of whether you can legally move out before filing for divorce in NJ, the answer is yes. Under state law, moving out before the divorce process has begun does not automatically imply abandonment or desertion. It is not considered abandoning your property rights, spouse, or children. With that being said, it can make the process more challenging.
How Does Moving Out Impact the Divorce Process?
Getting a divorce is never easy. The process is often tumultuous, vicious, emotionally draining, etc. Staying in your home during this time may cause more problems especially if you and your spouse have a combative relationship. In this way, it may be beneficial to move out before the divorce is finalized. Living apart may give both you and your spouse the space needed to communicate effectively and prioritize resolving the various issues of divorce
However, moving out can negatively impact the process in some ways. Take child custody, for example. NJ courts are inclined to award 50/50 custody, given that maintaining an equal relationship with both parents is in the child’s best interest. However, courts take into account the stability of the child’s environment, who has historically been the primary caretaker, and more when determining custody. If you leave the marital home before filing for divorce then the court may determine that your spouse should maintain custody.
It may also place a financial burden on you as you will be required to maintain the financial support you previously gave to your spouse and children all while covering the costs of your new apartment or home.
Moving out before filing for divorce could be beneficial or detrimental depending on the specifics of your relationship and needs. Contact a skilled attorney for legal advice today.