Wife cheated but not on lease

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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 3 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.


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