Getting Your Spouse to Leave the Marital Home: Best Practices and Guidelines

Divorce, Family Law

Ending a marriage is rarely an easy decision to make and things can get a little heated during a divorce. This is due to the type of emotions involved in a divorce which can range from guilt, to hurt, and anger. Living together with your spouse while going through a divorce can worsen and heighten these emotions.

In Illinois, your spouse is not automatically required to leave your matrimonial home once the divorce process has been initiated. This is especially so in the case where your home was acquired jointly during the course of your marriage. This is because your marital home is now considered “community property” notwithstanding in whose name it was bought.

The best and most cost-effective method of getting your spouse to leave the matrimonial home is by discussing with them. You can try to reason with them and convince them to leave by explaining why staying together is not a good idea. If they do agree to leave, remember to discuss important issues such as financial details pertaining to the house and your children if you have any.

However, there are situations where the court may order your spouse to leave the home. It is best to go the legal route if you cannot convince your spouse to leave the marital home. Contacting a divorce attorney will also provide you with clarity on how best to handle the situation.

When Can the Court Order My Spouse To Leave?

An Order of Protection or a Temporary Eviction Order of the residence can be granted under specific circumstances. An Order of Protection can be requested in the family court whether or not you have initiated the divorce. You will be required to provide some form of proof that your spouse has committed some form of violence against you or another person in your household such as your children. If your spouse has not committed any act of violence yet but it is evident that they pose some threat to you or your children, you may still get an Order of Protection.

A Temporary Eviction Order compels your spouse to immediately vacate the marital home pending the duration of the divorce proceedings. Just like in the case of an Order of Protection, the court will only grant this where the spouse to be evicted poses a threat to your physical or mental well-being. This threat may also be to other members of your household.

Your peculiar circumstances are important when making a decision to take legal action to get your spouse out of the house. If you are worried that you do not have the time to file an order with the court because there is an imminent threat to your safety, it is best to contact the police.

Divorce or separation is a difficult process but having a professional by your side makes things easier. We offer a free consultation to first-timers at Hecht Schondorf. Your needs and interests are our priority. Contact us here today to get started.