Deciding to move out of the marital home during a divorce is often a difficult and emotional choice. Many spouses feel pressure to leave to reduce conflict, for safety reasons, or simply to begin moving forward with their lives. However, leaving the shared home before your divorce is finalized in New Jersey can have serious legal and financial consequences. It may affect child custody, property rights, support obligations, and even your standing in court. Understanding these risks is essential before making such a life-changing decision.
Can I Be Forced to Leave the Home?
In New Jersey, both spouses generally have equal rights to remain in the marital home until the divorce is complete, regardless of whose name is on the deed or lease. One spouse cannot simply demand that the other leave. The main exception involves domestic violence or threats of harm, in which case a court can order a spouse to vacate the home. A judge may also remove a parent if their continued presence poses a risk to the health or safety of the children.
How Does Moving Out Affect Custody?
One of the biggest risks of leaving the marital home is its impact on custody and parenting time. Courts favor stability and continuity for children, and if one parent remains in the home while the other leaves, the court may view the parent who stayed as the child’s primary caregiver. This can give that parent an advantage in custody decisions.
If you move out without securing a temporary parenting arrangement, you may end up spending less time with your children during the divorce. That reduced time could later influence the court’s decision when establishing permanent custody and visitation orders. Leaving does not automatically take away your rights, but it may weaken your case if not handled carefully.
Do I Lose Property Rights by Moving Out?
Leaving the marital home does not cause you to lose your ownership interest in the property. In New Jersey, property division during divorce is based on equitable distribution, which considers the length of the marriage, each spouse’s contributions, and financial circumstances. Your right to your share of the home is not erased simply because you no longer live there.
However, practical issues may arise. If you leave and stop contributing to mortgage payments or upkeep, the court may take that into account when dividing assets. You may also lose access to important documents or personal belongings if you move out too quickly. For these reasons, it is best to prepare before leaving.
Can I Be Accused of Abandonment?
Moving out of the marital home is not the same as legal abandonment. In New Jersey, abandonment requires proof that a spouse left for at least 12 months without justification and failed to support the family during that time. Most spouses who move out continue to provide financial support and maintain contact with their children, so courts rarely treat leaving as abandonment.
That said, leaving without explanation or support could invite claims that you disregarded your responsibilities. Remaining engaged and financially supportive is the best way to avoid this issue.
What Is the Financial Impact of Leaving?
Leaving the marital home can create significant financial strain. You may suddenly face the cost of maintaining two households—rent or mortgage for a new place, in addition to your share of expenses for the marital residence. At the same time, temporary orders for child support or spousal support may be issued, depending on your income and your spouse’s needs.
While moving out does not automatically increase support obligations, it can complicate how temporary support is calculated. Courts review both spouses’ financial circumstances and adjust obligations to ensure fairness and stability for the children. Planning carefully before leaving can help minimize financial surprises.
Can I Move Out of State With My Children?
Relocating with children is far more complicated than moving out on your own. In New Jersey, a custodial parent cannot take children out of state without the other parent’s consent or a court order. If both parents share custody, the parent who wishes to relocate must show the court that the move is in the child’s best interests.
Factors such as the reason for the move, the impact on the child’s education, and the ability to preserve the relationship with the other parent all come into play. Moving without permission can result in the children being ordered back and legal consequences for the relocating parent.
Protect Your Rights With the Edison Divorce Lawyer at Thakkar Family Law
If you are considering moving out during your divorce, it is essential to understand your options and protect your rights before making a decision. The Edison divorce lawyer at Thakkar Family Law can guide you through the process, explain the risks, and help you pursue a path that safeguards both your interests and your children’s well-being. Call today at 732-456-7456 or fill out the online form for a free consultation. We are located in Piscataway, NJ.