Who Should Move Out During Our Divorce?

Who Should Move Out During Our Divorce?

If you are going through a divorce, you are facing considerable stress, and this is basically a matter of course. If you and your divorcing spouse are able to find your balance and remain in your family home together while your divorce is pending, it is usually the least costly and least disruptive (especially for the children) approach. This being said, however, both of you remaining in your family home until your divorce is finalized may not be a feasible option, and if this is where you find yourself, it’s important to understand the implications of moving out. An experienced Illinois divorce attorney can help you make the right decisions for you throughout the divorce process – including your decision regarding who will continue to stay in your family home. 

Exclusive Possession of the Marital Residence

In an Illinois divorce, one of the parties can request that exclusive possession of the marital residence be granted as a temporary remedy while the divorce is pending. The court will only grant such an order when there is a good reason for doing so – such as if one of the following applies:

• The mental or physical health and well-being of either spouse is jeopardized by the current living situation 
• The mental or physical health and well-being of any of the children is jeopardized by the current living situation. 

Exclusive possession can only be awarded after a hearing unless the court has good cause for waiving this primary requirement. 

Maintaining the Status Quo

When the court makes divorce determinations, there is generally an effort to maintain the status quo to the degree possible, and this is even more pronounced when children are involved. As such, if your children are well situated in your family home and one of you is their primary caregiver, the court may be moved to maintain the homelife your children are comfortable with – during the divorce process (and possibly beyond). In other words, if your divorce priority is to keep your marital home or is to remain in your family home with your children, leaving while your divorce is pending in order to keep the peace is unlikely to do you any favors. 

If an Order of Protection Is Necessary

If you have experienced the threat of physical violence or any other form of domestic abuse from your spouse, an emergency order of protection may be granted without hearing or notice, but in order to extend it beyond this temporary status, a hearing is necessary. If you do need an order of protection while your divorce is pending, your spouse will be required to leave your marital home. 

An Experienced Illinois Divorce Attorney Is Standing by to Help

The formidable Illinois divorce attorneys at SAM LAW OFFICE, LLC, are well prepared to help you identify your divorce priorities and make well-informed decisions about primary factors, such as whether or not to move out of your family home. Learn more about how we can help you by contacting us today.