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Divorce living in the same house

Madison, NJ |

My husband and I are still living together because my 3 kids. No one of us want to live with out them.
And a custody battle will be too long and painful because he wont be easy to let me have the kids.
Can I get the divorce and the custody still living with him in the same house?..
I dont have enough money to pay a rent and even to get a lawyer..

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Attorney answers 4

Best Answer

You are free to negotiate any living arrangements you want with your soon to be ex and your kids. It may not be the healthiest environment for the children but every family situation is different and depends upon the facts and circumstances of the family unit. It certainly would be cheaper for the two of you to live under the same roof but mentally and emotionally that arrangement may take its toll on the kids and yourself. You could still get divorced but the economics of support and alimony would be effected by the arrangement.

IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.


In New Jersey, people do not need to separate in order to get divorced.

You also ask whether you can "get...the custody still living with him in the same house." Without getting too technical--you need to know that there are two "aspects" to child custody: legal custody and physical custody. Deciding legal custody should not present a problem for the court; deciding physical custody when the parties continue to live together may present problems for the court.

I would need more facts in order to be able to provide you with the best advice. I recommend that you meet with a very experienced Divorce Lawyer in the Morristown area to discuss your options.

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Legally, you could both still live together with the children by agreement.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


Yes, you may divorce in NJ while remaining in the same house. As far as custody, a parenting plan that gives the child time with each parent is better than a custody trial.

973-984-0800. Please be advised my answers to questions does not constitute legal advise 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.

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