Oftentimes, in a situation where two spouses live together during their divorce, one spouse wishes to move out of the marital residence. This might be desired for any number of reasons, one of which is to create more peace in each person’s daily life where great turmoil might exist. But is it a good idea to move out of the home when so many issues related to the divorce remain unresolved?

Very often attorneys cannot entirely predict the outcome of a client’s relocation and therefore cannot provide a definite answer to that question. But attorneys can provide you with a list of considerations about aspects of your life that might be affected by your relocation prior to your divorce. Some of these considerations include (1) who will pay the marital home’s bills, including the mortgage; (2) is there currently enough money to pay for two households; (3) what would parenting-time look like; (4) is there domestic abuse; and (5) what happens to the property inside the home prior to a divorce.

Some of these considerations can be temporarily resolved when a party files a pendente lite motion. Pendente Lite means temporary, awaiting a final decision, and judges can render temporary decisions awarding support and parenting-time, as examples.

See https://www.njcourts.gov/attorneys/assets/rules/r5-4.pdf.

These temporary decisions will be changed by what the parties agree to in a settlement agreement or by what a judge orders in a decision. An agreement or a decision will create finality and get you officially divorced. So, is there an answer to whether you should relocate during your divorce? Every marriage is different and so is every divorce. You should speak with someone to review your case and to discuss what you should contemplate before moving out.

Let’s discuss your matter during a confidential consultation. Please call 908-946-8227 and ask for Stefanie Gagliardi or contact me at Stefanie@gmnj-legal.com.