Can We Share a Home During a Pending Divorce?
As a New Jersey Divorce Lawyer, I often get questions from clients about living in the same house as their spouse during a divorce. Parties remaining in the marital home during a pending divorce is always a tricky issue. Is there acrimony between the parties, or have both of the parties really moved on emotionally and the home will accommodate them living under the same roof in separate rooms perhaps or one spouse staying upstairs and one staying downstairs. The primary focus here is the safety of both of the parties. If things have gotten contentious in the house or if there is any hint of domestic violence, then the parties need to separate. One party will be ordered out of the home and one party will be able to remain in the home. If there are children involved, the parties may want to transition the children. I’ve even had cases where the parties agree that the children stay put and the parents rotate in and out of the house depending on whose time it is with the children. I always say there is no one fits all in a divorce and so each situation is unique. It’s important to work with your attorney to find a solution that’s just right for you and your family.
Are you considering living in the same house as your spouse during the divorce process? If so, contact our New Jersey Divorce Lawyer for guidance.