If you are in immediate danger of suffering from domestic violence, you need to get out of your home now. Worry about getting him or her to leave the house later – at this moment, your top priority should be your safety.
After you have gotten yourself away from your abusive spouse, the next step is to obtain a restraining order against him or her. You will need to petition to the court to receive a restraining order, which is granted by a judge. A restraining order can require your spouse to stop contacting you and require him or her to remain further than a specified number of feet of you at all times. If you remain in the marital home and have a restraining order in place, your spouse is effectively barred from the home.
It is also possible to have your spouse ordered out of the home by the court. If you are currently going through a divorce, you may ask the court to have your spouse removed from the home until the divorce is final. You may need to argue that his or her presence in your home is somehow a threat to your safety or your children’s safety.
Having your spouse removed from your marital home does not automatically grant you ownership of it following your divorce. You will still need to work through the property division process with the court to determine both your and your spouse’s fair shares of your jointly-held property. In New Jersey, property is divided among divorcing couples according to the principle of equitable distribution, which means that you each receive a share of your assets according to your contributions to your shared net worth and your financial needs following the divorce. The court will determine an appropriate way to divide your home, possibly requiring you to sell it and split the profit or allowing one party to buy out the other’s share of the home.
To learn more about divorce, restraining orders, and property division, contact The Law Office of Eric B. Hannum Esq., LLC. at (732) 365-3299 to discuss your case with a member of our firm during your initial legal consultation. We can provide you with high quality legal advice and represent your case to the court. Do not wait to begin working on your case with us. We proudly serve clients throughout Ocean, Middlesex, Monmouth, Burlington, and Mercer counties.