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DEGENAARS v. DEGENAARS

186 N.J. Super. 233 (1982)

452 A.2d 222

JUDITH A. DEGENAARS, PLAINTIFF, v. ROBERT J. DEGENAARS, DEFENDANT.

Superior Court of New Jersey, Chancery Division Bergen County.

Decided August 19, 1982.

Attorney(s) appearing for the Case

Victor Azar, for plaintiff (Albert & Pescatore, attorneys).

Peter S. Pearlman, for defendant (Cohn & Lifland, attorneys).

KRAFTE, J.J.D.R.C. (temporarily assigned).

A question heretofore unanswered in any reported New Jersey decision is raised on this return of an order to show cause. Can a court of equity order that a spouse, who has voluntarily moved from the marital premises and maintained a residence elsewhere for a considerable period of time, shall remain out of the marital residence against his will, there being no definitive proof of danger of actual physical or emotional injury...

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