Can I file for a divorce and still stay in the same house until I can find a place of my own?

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Can I file for a divorce and still stay in the same house until I can find a place of my own?

I have wanted a divorce for 3 years now but can’t afford to get a place of my own.

Asked on November 13, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation. Many people file for divorce and still stay living in the same house for financial reasons.  May I ask:  does your spouse also want a divorce?  You may run in to problems with living in the same house if you allege once of the abandonment type grounds.  At some point in time it would be best for you to leave the house.  I can imagine that it is a bit uncomfortable being that you have wanted to be divorced for 3 years.  But I can only imagine that it will only get worse if your spouse wants to stay married.  I would consult with an attorney in your area as soon as you can afford to do so.  Good luck to you.


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