Living with your spouse as you go through a divorce in Illinois can be unpleasant, particularly if you and your spouse don’t get along. At the same time, you want to maintain your routines and avoid unnecessary expenses, so moving out may not be your preferred option. Unfortunately, Illinois law doesn’t provide an easy answer in these situations, as there’s no defined rule about who must leave the family home in a divorce.
The Illinois divorce lawyers at Law Office of Bradley R. Tengler, P.C. know how hard it can be to share a home with your spouse during this trying time. We are highly experienced, understand your frustration and can help you with all aspects of your divorce, including finding ways to get your spouse out of the home.
Requirements for Divorce in Illinois
There are a few requirements you must meet to get a divorce in Illinois. First, you or your spouse must have lived in Illinois for 90 days. Assuming you meet the residency requirement, you or your spouse can submit a petition for divorce in your county’s local family court.
The other critical requirement in most Illinois divorces is that you and your spouse must live “separately” for six months. While living separately typically means that you and your spouse live in different homes, this is not always possible. If you or your spouse do not wish to leave your family home, you can stay there as long as you still live separately. Typically, this means not sleeping in the same bed and leading your own life without consultation with or participation from your spouse. Essentially, you’re two people who live separate lives but happen to share a home, like roommates instead of spouses.
Ways to Get Your Spouse to Leave Your Home in a Divorce
There are three main approaches you can try to get your spouse to leave the family home while your divorce is pending:
Get your spouse to agree to leave: This is the simplest option, though not necessarily the easiest. If you can convince your spouse to move out, that’s the end of the issue. However, leaving your family home can affect the division of marital assets and other elements of a divorce, so it may take some effort to get your spouse to move out.
Evict your spouse if you own the home yourself: If you bought your home before you married your spouse and never added them to the title, the house technically belongs solely to you. In these circumstances, you can file a motion for exclusive possession of the residence. Don’t try to evict your spouse or change the locks. The court will likely perceive that they have a right to re-enter the home.
File a restraining order against your spouse: You have the option to seek a court order to have your spouse removed from your family home. However, judges won’t grant these orders just because you want them out. You must show that your spouse is a threat to your safety or that of your children before the courts will consider issuing such an order. If you wish to pursue this option, you’ll need an attorney’s help.
Contact Our Illinois Divorce Attorneys Now
Our team knows how aggravating it can be to live with your spouse during your divorce, and we can help you explore options to get them to leave the house. Contact Law Office of Bradley R. Tengler, P.C. today for a free consultation.