Evicting a Spouse from the Marital Home during an Illinois Divorce
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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