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.