Wife cheated but not on lease
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wife cheated but not on lease
My wife cheated and will not leave . Can I
moved out or change apartments without tell
her .
Asked on July 15, 2018 under Family Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can move out if you don't want to live with her and leave her in this apartment, but will remain obligated under your lease.
You cannot remove her against her will--the law does not let you remove a spouse from your marital home. If you change apartments or move, you will have to let her live with you until you divorce or get a court order during the divorce that you and she live separately--you can't get around the prohibition against throwing your spouse out of the marital home by moving apartments, etc. The best thing for you to do is file for a divorce and in the context or course of doing so, seek a court order that approves you and she living separately--though note that in that case, you will likely have to pay for *both* units until the divorce is done. Disentanging yourself from a spouse is not easy unless you can pay for separate homes. Speak with a family law attorney about your options.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.