Legal Question in Family Law in New Jersey

My adulterous spouse refuses to leave, can I force him?

I recently discovered my spouse fathered a child behind my back. He refuses to leave our apartment and does not want a divorce We have a 3 month old child. Does he have a legal right to be here or can I force him to leave our apartment? I never added his name to the lease.


Asked on 5/20/03, 8:34 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: My adulterous spouse refuses to leave, can I force him?

Generally in New Jersey the only way to have someone removed from their home is by obtaining a Domestic Violence Restraining Order. If you would like to further discuss your options, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 5/21/03, 12:21 pm


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