Should I stay in the house during a divorce?

Should I stay in the house during a divorce?

Should I Stay in the House during the Divorce? There is no harm staying in the marital home while the divorce is proceeding, unless the court orders a spouse to do otherwise. Without a court order specifying otherwise, each spouse has an equal right to use and occupy the marital home.

Who gets the house in a NJ divorce?

New Jersey divorce law uses something called equitable distribution to ascertain who gets what. Equitable distribution, as explained in NJ Rev Stat § 2A:34-23.1 , is not always a 50-50 split. Rather, equitable distribution weighs a series of factors to fairly divide both property and debt.

How does a judge decide who gets the house in a divorce?

In most divorces, the marital home is a couple’s biggest asset. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it. It’s a lot more complicated when the family home is a marital asset.

Can one spouse stop a divorce?

All a divorce order means is that the spouses are legally able to re-marry. But, the law does not mean the spouses can re-marry in their religion. A judge can deny a divorce to someone who is effectively preventing his or her ex spouse from remarrying by using his or her religion.

Does wife automatically get half?

How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.

Does Wife Get Half of 401k?

But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.