IS IT ABANDONMENT IF YOU LEAVE THE HOUSE DURING THE DIVORCE PROCESS?

New Jersey (NJ) Divorce and Family Law Attorneys

The marital home is often one of the largest assets in the marital estate during any given divorce matter and as such it is important to carefully assess every decision being made regarding the home, including your continued occupancy of the home pending the final Judgment of Divorce. If you are concerned about leaving the home during the divorce or other pending family law matter, it is advisable to take the time to discuss this issue with our experienced lawyers before making any such move. Your move could have an impact on a variety of issues including: your custody, parenting time and support payments.

What Are Your Unique Circumstances?

Each family’s circumstances are different and in order to answer this question properly our family law attorneys would take the time to learn about you and your family’s unique situation. We will discuss with you all aspects of your employment, the income for both parties, all child caretaking and household responsibilities for both parents. When thinking about maintaining a second home or apartment during the litigation stage of your matter, it is imperative to consider the practical child and financial impacts including the following:

  • What expenses will be incurred with your new home and what expenses will you be responsible to maintain at your existing marital home?
  • Will you be absorbing two mortgages, two property tax payments, two insurance premiums, multiple monthly utility bills, etc.?
  • How will both homes be paid for and maintained?
  • Can you resolve the issue of needing to maintain two separate homes thus reducing your potential financial burden of maintaining both homes?
  • Can your children be bussed to school from both residences?
  • Do your children have easy transportation options to and from their activities and both residences?
  • What would a realistic, temporary child visitation plan look like until the final agreement is signed?
  • If a move is necessary for job purposes, then what geographical range of options are available to you and how will such a move impact your custody and parenting timewith your children.

Contact one of our experienced New Jersey divorce and family law attorneys for a FREE INITIAL CONSULTATION and learn about any implications of your moving from the marital home.

 

 
 
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Contact Information
 
2001 Route 46 East; Suite 310
Parsippany, NJ 07054
Phone: (973) 457-1244
Fax: (973) 257-5005
 
 
 
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Attorney Bari Weinberger
is the Associate Author of the

New Jersey
Family Law Practice,

13th Ed., 2008, a 5-volume treatise utilized by virtually every family law judge and attorney in the State of NJ. She is
presently working on the
14th Ed., which is scheduled to
go to print in 2010.

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We are conveniently located in Morris County, just minutes from Morristown and we represent clients throughout the State of New Jersey
including the following counties : Bergen, Essex , Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, Warren