Must I Leave My Home During (or After) a Divorce in Monmouth County?
Here’s What the Law Actually Says — And What You Need to Know Before You Pack a Single Box
Let me be blunt.
If you're going through a divorce — or just thinking about one — there's a question that can keep you up at night:
“Do I have to leave my house?”
“Can my spouse force me out?”
“What happens if I move out — will I lose my rights?”
I’m Steve Kaplan. 
I’ve been practicing divorce law here in Monmouth County for over 37 years.
And I hear this all the time — from people who are scared, confused, and unsure what to do next.
Here’s what I want you to know:
In New Jersey, there is no law that forces one spouse to leave the marital home just because divorce papers are filed.
Unless there is a court order requiring you to leave — for example, due to domestic violence allegations or specific safety concerns — you are legally entitled to stay right where you are.
I’ve represented some clients who moved out too quickly and paid the price later — emotionally, financially, and strategically.
Other clients have stayed but but ultimately decide to leave on their own.
And still others remained in the house and ended up owning it themselves at the end of the case.
Every person and every case is different...what is best for you depends upon a lot of things that you really should discuss with your divorce lawyer BEFORE you move out.
Maybe you think:
“If I leave, it’ll reduce tension.”
“I just want to avoid a fight in front of the kids.”
“I’ll come back and deal with the house later.”
I get it.
And in many cases, that is true.
On the other hand, in some other situations once you leave — especially without a formal agreement — it can weaken your position on:
Custody
Use and occupancy
Division of property
And even who gets to stay in the home long-term
There’s no one-size-fits-all answer — but I can tell you this:
New Jersey courts look at a combination of factors, including:
Who has primary custody of the children (if any)
Who can afford to maintain the home
Whether either spouse wants to stay
What makes the most financial and practical sense
Sometimes both spouses stay in the home until the divorce is finalized.
Sometimes we negotiate a temporary arrangement that protects your interests.
Other times, the court steps in and makes a decision.
But nothing should happen until you understand the real risks — and the strategic advantages of staying (or leaving).
I've spent nearly four decades advising people like you — people who are trying to protect their home, their children, and their future.
When I work with a client, I don’t just tell them what the law says.
I help them:
Use the law strategically to protect their interests
Avoid mistakes that lead to costly concessions
And make decisions based on facts — not fear
Sign up for my free email course:
It’s not a sales pitch.
It’s real help, based on 37 years of Monmouth County divorce experience.
You’ll learn: ✅ Whether you can stay in your home
✅ How to avoid giving up your rights
✅ What judges actually look for
✅ How to negotiate smart — even before the divorce is filed
It’s 100% free.
No name required. Just an email.
Unsubscribe any time with one click.
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To start Steve Kaplan’s Divorce Course Now, just fill in an email address on the form on this page.
Steve
Steven J. Kaplan, Esq.
Specializing in Divorce in Monmouth County
5 Professional Circle, Colts Neck, NJ 07722
(732) 845-9010 | www.KaplanDivorce.com