How Can I Get My Spouse to Leave Our Home During My Divorce?

 Posted on August 06, 2021 in Illinois Divorce

A divorce case can take several months or even years to resolve fully, especially when the couple disagrees on property division, child custody, and other divorce issues. Understandably, many divorcing couples struggle to live under the same roof during the divorce process. If you are getting divorced, you may wonder, “Who gets to stay in the marital home during a divorce?” The answer varies from case to case. However, there are two legal avenues available to divorcing spouses in Illinois that may allow them to obtain exclusive possession of the marital home.

Exclusive Possession of the Marital Home During an Illinois Divorce

As with all property division issues, divorcing spouses have the option of reaching their own agreement regarding possession of the home after divorce. Some divorcing spouses are able to negotiate an arrangement through their lawyers or during mediation. Others end up in divorce litigation. Spouses may also disagree about who should get to remain in the marital home while negotiations or litigation are ongoing.

If you wish to live in the marital home during the divorce and force your spouse to move out, you have two main legal options for doing so.

The first is to file a motion for exclusive possession of the marital home. This is one of the forms of temporary relief that may be available to a spouse during the divorce process. The motion asks the court to temporarily evict the spouse from the marital residence. Exclusive possession of the marital home is only granted when the person seeking exclusive possession can demonstrate that continuing to live together would “jeopardize” either spouse’s physical or mental well-being or the well-being of the children. Typically, courts require evidence of significant endangerment in order to grant exclusive possession of the marital home. The spouse who receives exclusive possession of the home during the divorce is not necessarily the person who will keep the marital home after the divorce.

The other option is to petition for an order of protection, a court order that protects victims of abuse and harassment. An order of protection may require the subject of the order to move out of the shared home and stay a certain distance away from the petitioner. When deciding whether exclusive possession should be included in an order of protection, the court will consider the risk of harm to the petitioner and the hardship that the order may cause to the spouse who is ordered to vacate the residence.

Contact a Kane County Divorce Lawyer for Help

Living with your soon-to-be ex-spouse can be difficult or even dangerous. If you wish to seek exclusive possession of the marital home during your divorce, contact a St. Charles divorce lawyer for help. Call Weiler & Associates, Inc. at 630-331-9110 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000