If you and your spouse have decided to divorce, before your divorce is final, consider these three consequences before moving out of the marital home:
- If you have children, make sure you have a custody and parenting time agreement in place. Otherwise, you could unintentionally create a new status quo where you have less parenting time.
- You would likely be obligated to continue to contribute to the household expenses as per the status quo during the marriage in addition to your separate living expenses.
- It might not be so easy to have access to the marital home the longer you’ve been out. New Jersey law implies a right of privacy after a reasonable amount of time, particularly where children live in the home. Therefore, if you need to come to the home for certain belongings or paperwork, you’ll need to give your spouse prior notice with his or her agreement.
Can your spouse change the locks?
Generally, changing the locks would require a court order. It is also likely to create unnecessary conflict, making it more difficult to achieve an amicable divorce agreement out of court.
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