Divorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.
Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.
Motion for Exclusive Possession of the Marital Home
Living with your spouse during the divorce process can be impractical and even harmful. However, some spouses refuse to move out even if they know it is best for everyone involved. If you are getting divorced and your spouse refuses to leave your shared home, you may be able to file a motion for temporary exclusive possession of the marital residence.
Courts only grant motions for exclusive possession of the marital home in certain situations. Mere annoyance at your spouse’s presence will not be enough. Per Illinois law, the court may grant a motion for exclusive possession if the mental or physical wellbeing of a spouse or child is jeopardized by the spouses sharing the marital home. So, if you and your spouse are arguing so fiercely that it is harming your child’s mental wellbeing, the court may consider this justification for exclusive possession. Physical violence against a spouse or child may also warrant a motion for exclusive possession of the marital residence. However, if you or your children are being abused, it may be better to request an Emergency Order of Protection. Unlike motions for exclusive possession of the marital home, EOPs are often granted on a same-day basis due to the immediate nature of the problem.
Emergency Order of Protection for Domestic Violence Victims
If you or your child have been abused by your spouse, you may want to seek an Emergency Order of Protection. This order may contain many different provisions, including a provision requiring the abuser to move out of the shared residence and stay a certain distance away from you, your children, and your home.
Abuse is defined broadly in Illinois law. It is not limited to physical abuse like hitting. Harassment, intimidation, willful deprivation of a dependent, and interference with personal liberty are also forms of abuse for which a person may seek a protective order.
Contact a Kane County Family Law Attorney
If living in the same home as your soon-to-be ex-spouse is damaging to your wellbeing or your child’s wellbeing, contact [[title]] to discuss your legal options. You may be able to get a protective order or an order for exclusive possession of your home. Call our St. Charles divorce lawyers today at [[phone]] for a free, confidential consultation.