In general, neither spouse has to move out during a divorce in Illinois. Domestic violence, court orders, or other variables do prove to be exceptions sometimes, so be sure you understand your rights. However, there is usually no automatic mandate to move out until the spouses agree on who lives where or until the court makes a ruling.
An Illinois divorce lawyer can help you understand your rights and options. Call Erlich Law Office at 630-538-5331 for help in DuPage County.
Do You Have to Move Out During a Divorce in Illinois?
You likely do not have to leave during divorce. Just filing for divorce does not give your spouse the right to force you to move out of the house. The marital home is typically joint property, giving both spouses the right to live there until or if the court issues a temporary order on possession.
Even in situations where another party, such as one spouse’s parents, own the home, or one spouse owned the home before marriage, there generally is no automatic requirement to move out. The spouses can agree between themselves for one to move out, or the court may make rulings about possession and the needs of any children involved.
Moving out can have consequences. For example, courts may see one spouse who voluntarily moved out as giving up rights, especially if the spouse moved out without his or her children. Discuss your options with an Illinois divorce lawyer before making decisions about moving out of your home.
Nesting is an option for divorcing couples in some cases. The parents alternate living in the family home with the children. This approach can reduce stress on children, but requires cooperation to avoid parental conflicts.
Sometimes, the parents rent an apartment or other type of residence for the “off-duty” parent to live in when not living at the house. In DuPage County, the gross cost of renting is about $1,688 per month, which can strain even a budget with wiggle room. In other nesting situations, off-duty parents may have a second home or are able to stay with a relative or friend.
When Can a Spouse Be Required to Leave the Marital Home in Illinois?
Most of the time, both spouses can stay in the marital home, but exceptions exist.
- Domestic violence or abuse: Courts may issue an emergency protective order that requires one spouse to leave the home immediately to ensure the safety of the other spouse and any children.
- Temporary order in contested divorces: One of the spouses (or both) could ask for a temporary order giving him or her exclusive use of the marital home. The court considers factors such as the welfare of children, the financial ability of each spouse, and prior agreements.
- By mutual agreement: The spouses may agree between themselves for one spouse to move out.
Courts look for significant justification before forcing a spouse to leave his or her home. An Illinois divorce lawyer may be able to help you file motions for temporary possession or negotiate terms to avoid you having to leave.
What Happens If You Stay in the House During an Illinois Divorce?
Staying put during divorce proceedings can have both advantages and disadvantages. Much depends on the dynamics of your situation.
Conflict Levels
Some divorcing couples get along fine while living under the same roof. Others do not. If one spouse refuses to leave and the other seeks exclusive possession, this could be a situation when an uncontested divorce turns contested.
Property Division
Remaining in the home does not automatically give you ownership rights beyond what the law says. Illinois courts divide marital property equitably, not necessarily equally. That said, staying in the home may influence negotiations. For example, if you are in the home and paying the mortgage or maintaining it, you could have more negotiating power to buy out your spouse’s share or ask for other offsets in the property division.
However, not meeting financial obligations tied to the home, such as mortgage payments, property taxes, and utilities, could skew how the court views your ability to manage money. In a contested divorce, courts may decide whether you and your spouse should sell the house or who gets it as part of property division. Showing the ability to take care of the house financially helps your case if you want to continue keeping it.
Child Custody
Courts and spouses often prefer arrangements that minimize disruption for kids. Staying in the home can make it easier to say that you should continue living there, at least temporarily. Your children can continue to attend the same school, maintain routines, and feel less disruption during the divorce.
If You Stay and Your Spouse Leaves
You might have practical advantages but deal with extra responsibilities. Staying in the home allows you to maintain stability for children, continue familiar routines, and negotiate from a position of more strength in discussions about the home’s future.
However, staying usually means you are responsible for ongoing costs such as mortgage payments, utilities, and maintenance, unless there is a temporary order that divides financial responsibilities.
Legally, staying does not guarantee you get sole future ownership. It can affect temporary possession arrangements, though. If the divorce is contested, courts may view your living there as a factor in balancing fairness.
- If one parent stays in the home, it may reduce disruption for children, which the court sees as a fairness factor.
- Courts may look at who is living in the house when deciding temporary orders. The spouse who remains may be in a better position to maintain the home, pay bills, and prevent financial harm to either party.
- Courts may consider practical arrangements, such as who is already living there, when approving temporary agreements that split expenses, usage, or custody-related decisions.
- If you are in the home, courts usually expect you to keep the lights, heat, water, and internet on because you benefit from them day-to-day.
What Are Important Factors to Keep in Mind If You Live Together During a Divorce?
Managing conflict is one of the biggest factors in divorce. Continuing to live together during a divorce can increase tension, especially if your divorce is contested. Arguments, police calls, or allegations of harassment can throw wrenches into an otherwise manageable case. They may even lead to temporary possession orders. If children are involved, a calm and supportive environment is best for them.
Finances are another issue to keep in mind. Disagreements are common about who pays what regarding the mortgage, utilities, and household expenses. Keep records of payments and agreements.
Both you and your spouse should have strong boundaries when under the same roof during a divorce. Respect goes a long way. For example, make sure you are on the same page regarding whether you can date and whether dates can come to the house.
What If You Move Out During Divorce in Illinois?
One of the most important considerations is how moving out may affect temporary arrangements. If you leave voluntarily, the court may be less inclined to change the new status quo, particularly if there are children who do not go with you. You do not give up rights to the home or to the children but may have a harder time getting possession of the home later if that is what you want.
Leaving the home can unintentionally limit day-to-day contact with your children, especially early in the process. Practical realities, such as distance, school schedules, and routines, can shape temporary parenting plans.
Financially speaking, moving out often means paying for a second residence while still contributing to the marital home’s expenses. These bills could add to your financial strain. Rather than move out, you could look into alternatives such as nesting. Speaking with an Illinois divorce lawyer is a good idea to explore various options and preserve your rights. Contact us today at Erlich Law Office for your next steps.
FAQs About Whether You Must Move Out During a Divorce
Can my spouse force me to move out during a divorce in Illinois?
Your spouse generally cannot force you to move out without a court order or valid legal reason, such as domestic violence or an agreement on temporary possession.
Does leaving the marital home affect property or custody rights in Illinois?
Leaving voluntarily does not automatically change property ownership or child custody rights. However, it may affect negotiations or temporary arrangements about the house or the children.
Should I talk to a divorce lawyer before moving out of the house?
Consulting an Illinois divorce lawyer is a good idea to understand your rights and options and avoid consequences you do not intend.
