There are many reasons why people continue to reside together while their divorce is pending. Some people choose to live together for financial reasons. Others feel that they would be disadvantaged in negotiations should they not reside in the home. Custody issues can often impact where people live while their divorce is pending also. Ask your attorney the basis for their recommendation.
In New Jersey, property is divided by way of Equitable Distribution. This does not necessarily mean an equal division of property and assets. Statutory factors used to determine property distribution include:
1.The duration of the marriage
2.The age of the parties
3.The physical health of the parties
4.The emotional health of the parties
5.The income brought to the marriage by each party
6.The property brought to the marriage by each party
7.The standard of living established during the...
There are many factors that the court considers when a parent applies for permission to move out-of-state with a child. However it sounds as if you have a strong good faith reason for the move. Generally a parent seeking removal will file a motion in the Superior Court if they cannot obtain the consent of the other parent. I strongly suggest that you consult with an experienced attorney who can advise you as to the relevant case law and applicable factors.
The prevention of domestic violence act serves as necessary protection to people who are victims of domestic violence. Unfortunately often times in matrimonial litigation same is used as a sword rather than a shield. There are steps that you can take to protect yourself from a spouse you believe may make false allegations against you.
I strongly suggest that you consult with an attorney. There are procedural requirement and Rules of Court, applicable case law and statutes that are applicable. However, as Ms. Hunnell indicates there is no way to properly advise you without reviewing the application filed.