You are probably both entitled to live in the marital home, so it isn't easy to make him leave or vise versa. You will need to decide if it is more important to stay or to leave yourself.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
A good lawyer will need more facts in order to properly answer your question. Some of those facts are: Do you own or rent? Do both of you contribute to the housing expenses? How much is each of your contributions?
While it will be very difficult (absent domestic violence) to get a court to order him to leave before the divorce case is over, if he is not paying his fair share of the household bills, a court will order that he do that, and that may "convince" him to leave.
No matter what, if you want a divorce, you need to get the process started right away, so that it will end sooner rather than later.
You need to meet with a New Jersey Divorce Lawyer as soon as possible, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. Whatever it cost, that meeting will be well worth it.
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Agreeing with the previous responses, I would add that when a couple is going to divorce and they remain in the same residence, things can get dicey. I would protect yourself carefully from accusations of domestic violence, simply because if your soon-to-be-ex obtains a restraining order against you, he could literally have you removed from your own house during the litigation of the divorce.
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