Should I Move Out if We Are Getting Divorced?

 Posted on September 02, 2021 in Divorce

If you have made up your mind to get a divorce, the first thing you think of may be to get out of a situation where there is so much resentment and hostility. The prospect of freedom is enticing, and you may be tempted to move out right away. But before you pack your bags and head for the door, there are some things you should consider before you leave the family home.

Once You Leave the Family Home, You May Not Be Able to Come Back

When you leave the family home, you leave your spouse in possession of the house and everything inside. While you may have packed your clothes and other necessities, there are likely valuable items such as furniture or items of sentimental value that are still in the home.

Although there are consequences in the property division process for spouses who destroy, hide, or sell furniture and other valuables without their spouse’s permission, this is not unheard of, especially in divorces where spouses are fighting constantly. If you leave and your spouse changes the locks, you may have lost a valuable opportunity to protect your belongings.

Can My Spouse Make Me Leave the Family Home?

If you are both still in the home and neither of you wants to leave, your spouse would have to ask a judge to order you out of the home. Like all divorce proceedings, this takes time and may not be granted. Illinois judges will usually only order a spouse out of the home if they are committing acts of domestic violence or are endangering their spouse or children.

However, unless your home is large enough that you and your spouse can have your own separate spaces, it is likely not a good long-term strategy to remain in the same home. If you are concerned that your spouse may act unfairly or with malice, try to create a written agreement about a basic parenting plan, property care, and other issues that may cause conflict. Although this agreement is not legally binding, it is a good way to try to resolve problems before they arise.

Speak with a Wheaton, IL Divorce Attorney

If you are considering divorce, do not make any major decisions before consulting with an experienced DuPage County divorce attorney. Moving forward with decisions like moving out could have a permanent detrimental impact on your divorce and put you at a disadvantage when it is time to negotiate with your spouse. Let the attorneys at Andrew Cores Family Law Group work with you to create a plan that will help you achieve a favorable outcome. Call us today for a confidential consultation at 630-871-1002.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000