Do I Need to Move Out of My Home During a Divorce?

 Posted on December 08, 2023 in Family Law

In most divorce cases, Illinois law does not require you to leave your family home while going through a divorce. However, it may be the better decision to do so if staying there would open you up to domestic abuse. Moving out of the home during a divorce has become commonplace, as sharing a space with the person you no longer want to be married to may only cause more friction and emotional turmoil. For legal advice on approaching your impending divorce, consult an experienced attorney.

Pros and Cons of Staying in the House

If you have no other option, staying in the house makes sense. Being around your soon-to-be ex-partner may get awkward sometimes, but you should not be expected to live on the street. This is especially true if you are the one who owns the house or is paying the bills. Of course, facing your future ex daily is the con to this. If there is domestic abuse of any kind, this would mean tolerating even more, which could wind up escalating over time.

Another pro would be having immediate access to your children. Having to be away from your children could cause a rift in the parent-child bond. The inverse would be if your partner is using your children against you by emotionally or mentally manipulating them to turn their backs on you. Ultimately, you and your partner are calling it quits, so you should do what is in your best interest and that of your children.

An additional con would be that the other spouse could push to keep the home during the division of assets hearing. You leaving without a written agreement between you on who should get the home in a divorce could see the judge favoring the individual already living there, especially with the children, if you choose to leave. The opposing attorney could also spin your leaving as a personal choice for your own comfort over the time spent with your children. This could make you appear to the judge as an uninterested or absent parent, leading to more issues when allocating parental responsibilities.

Illinois Law On Separation During Divorce

In 2016, Illinois lawmakers chose to eliminate all fault grounds aside from irreconcilable differences. Along with this amendment, they changed the law to no longer require a two-year separation period between spouses before a divorce is finalized. Now, couples who feel that a divorce is the only option can file for divorce immediately. If one spouse does not agree with a divorce, Illinois will recognize a six-month separation as proof that differences are irreconcilable.

Contact a DuPage County, IL Divorce Attorney

Even if the home is no longer a happy one, so long as there is no evidence of domestic violence, you are not required by law to leave the premises. If you are fond of your home and hope to keep it once the divorce is finalized, it will need an experienced Hinsdale, IL divorce lawyer during the trial. The Law Office of Martoccio & Martoccio would love to discuss your impending divorce. You can contact our office at 630-920-8855 for a free consultation.