Evicting a Spouse from the Marital Home during an Illinois Divorce

It’s understandable that during a time of emotional upset and stress that spouses may want the other party out of the marital home. Unfortunately, this is difficult to make happen using the court system. There are some special circumstances when the court will make what’s called a temporary order if certain conditions are met.

Regarding a court issued temporary order, this is particularly true of cases where evidence exists showing that a spouse is mentally or physically abusing the other spouse or the children.

If it’s shown during a temporary order hearing that continuing to live with the other spouse poses a risk to the other family members the court may order them evicted for the duration of the divorce case until a judgment is made.

These protections are true of the new Illinois marriage law as well, the only major difference that any court-ordered eviction can no longer be appealed.

For many, if the other spouse chooses to voluntarily move out of the marital residence instead, there comes with it a temptation to change the locks.

Legally, you are within your right to do so unless the court specifically orders you otherwise, but that comes with a warning. Some judges may look down on this type of behavior as unnecessarily antagonistic.

Worse yet, if both spouses have title to the house, it could turn into a war of attrition with both sides continuously changing the locks back and forth.

Before making a decision one way or another, we recommend consulting a family law attorney.

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