ASSEMBLY, No. 5725

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED MAY 22, 2025

Sponsored by:

Assemblywoman  MICHELE MATSIKOUDIS

District 21 (Middlesex, Morris, Somerset and Union)

SYNOPSIS

     Authorizes court to order temporary access to marital residence by party in divorce proceedings.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning divorce and supplementing chapter 34 of Title 2A of the Revised Statutes.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.  a.  At the request of a party at any time following the filing of a complaint for divorce, the court may order the other party to allow the requesting party temporary access to the marital residence. The order may be issued regardless of whether the residence is jointly or solely owned by the parties or jointly or solely leased by the parties, and shall not in any manner affect title or interest to any real property held by either party or both jointly.  The court shall establish the duration of access to the residence. 

     b.  This section shall not apply in any case where a party is subject to a temporary or permanent restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) protecting the other party. 

     2.  This act shall take effect immediately.

STATEMENT

     This bill would authorize the family court to order that a party in a divorce case be allowed temporary access to the marital residence. The order may be issued by the court regardless of whether the residence is jointly or solely owned by the parties or jointly or solely leased by the parties, and would not in any manner affect title or interest to any real property held by either party or both jointly.  The court would establish the duration of access to the residence. 

     The bill would not apply in any divorce case where a party is subject to a temporary or permanent domestic violence restraining order protecting the other party.