You Usually Can't Force Your Spouse To Leave

Marriage can be an incredibly complex and difficult journey, and there are many different issues that couples may face along the way.

One common challenge that many couples encounter is unhappiness in the marriage, which can stem from a variety of factors.

When one spouse is unhappy in the marriage, they may feel like they want to leave the marital home in order to escape the situation.

However, it is important to understand that in the state of New Jersey, one unhappy spouse cannot simply force the other spouse to leave the marital home.

There is only one exception to this rule: applying for a restraining order under the Prevention of Domestic Violence Act.

In cases where one spouse has been the victim of domestic violence or feels threatened by the other spouse, they may be able to obtain a restraining order that requires the other spouse to leave the marital home.

However, outside of this situation, there are very few circumstances in which one spouse can force the other to leave the marital home.

The reason for this is that both spouses have legal rights to the marital home, regardless of how happy or unhappy they may be in the marriage.

In many cases, both spouses have contributed financially to the purchase and upkeep of the home, and both spouses have a legal right to occupy the property.

As such, one spouse cannot simply force the other out of the home, even if they are unhappy in the marriage.

In the absence of a court order, one unhappy spouse may feel stuck in the marriage and trapped in the marital home.

However, it is important to remember that there are other legal options available to them.

For example, they may be able to file for divorce and request that the court grant them exclusive possession of the marital home.

Additionally, they may be able to negotiate with their spouse to come to an agreement about the division of assets, including the home, as part of the divorce process.

Ultimately, it is important for couples to understand their legal rights and responsibilities when it comes to the marital home.

While one unhappy spouse may not be able to force the other to leave, there are other options available for couples who are struggling in their marriage.

By working with experienced attorneys and mediators, couples can find solutions that work for their unique situation, and move forward in a way that is fair and equitable for both parties.



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