When you’re done – you’re done. Your marriage is over, and you just want space so that you can heal and start getting your life back on track. You’ve told your spouse that you want them to leave the family home, and you have a locksmith on speed dial.
Unfortunately, you may need to hold off for a while. You generally cannot throw your spouse out of the house and change the locks on the marital home simply because you’re filing for divorce until you have a firm agreement with your spouse or a judge’s order.
Asking for temporary orders can resolve the issue
Essentially, you and your spouse share the rights to the marital home. If your spouse refuses to leave when you ask them to, you cannot force them out by changing the locks when they’re not home. That’s an illegal eviction, and that could be problematic for you when the judge in your case finds out.
If your spouse agrees to leave or has left, you still need to treat the situation as if they are simply temporarily away. They may expect to come and go fairly freely, especially if the majority of their personal possessions are still in the home.
So, what’s the solution? You can also negotiate directly with your spouse. If your spouse is willing, a signed, notarized agreement that discusses all the particulars can be sufficient.
You can ask the court for relief. Illinois courts can grant one spouse exclusive possession of the marital residence while a divorce is in process, along with other temporary orders that can address issues of support, custody of the children and more. These orders do not necessarily reflect the final disposition of the marital home, but can stabilize the situation. This may be the best route if you and your spouse cannot come to an agreement on your own.
If you’re in the initial stages of a divorce, speaking with a skilled divorce attorney can help you sort through all of the questions that come with the process.
