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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in N.J. I have filed for divorce against my spouse of

Customer Question

I live in N.J. I have filed for divorce against my spouse of 23 years on the basis of irreconcilable differences. He works and lives separately in a rented home about 3 hours away where he works. He comes to the house we jointly purchased where I live with my 3 children occasionally. He is condescending and disruptive when he comes home. My parents acquired an home in which they invited me and my children to live. I will be paying them rent and improving the property. I had hoped my soon to be ex spouse and I would sell the jointly owned home. However he doesn't want to sell the property. I want to move to the new home so I can start my new life. My attorney advised me that I can't move as it would be considered abandonment and would be seen as a negative by the court. My friend suggested that I should be entitled to move wherever I want as I have filled for the divorce and he has been served. He suggested that I will be entitled to child support and can receive it while the divorce is pending. I can use this money to pay for expenses for the children no matter where we live. The fact that my soon to be ex pays the mortgage and rent is a decision he has made. I need support for my children to include rent and normal expenses food, medical etc and I need to move where we can start over. When I get child support will I be able to manage the money according to my needs.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Melina,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. When did you file for divorce?

2. Have you had a temporary hearing yet for issuance of temporary orders such as child custody and support issues?

3. Why do you want to move to a home owned by your parents when you have the marital residence to live in?

4. Was the home you live in bought by the two of you after the marriage?

5. How much equity is there in the marital residence?