Legal Question in Family Law in Illinois

Husband will not leave residence

Hello - I have recently told my husband that I am seeking a divorce. I plan on seeing an attorney later this week, but I am curious what his rights are in regards to remaining in the marital residence? As I am sure you can imagine, our home life has become someone uncomfortable and I would like have him leave the home ASAP. Or, I have told him that I will leave (we have a 3 year old child), but will need to take our child with. Any tips would be greatly appreciated. Thanks!


Asked on 10/22/07, 10:13 am

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Husband will not leave residence

Unless either of you becomes abusive, you're both entitled to possession of the marital residence. If there's abuse, then an Order of Possession could be sought and part of that typically would include sole possession of the residence. If things can be discussed at all I'd sort of figure out what you're planning post-divorce in terms of the house. Sold? Refinance? You may want to get it on the market ASAP to sell it. If it's financially viable, there's nothing wrong with one of you moving out. Same on custody of the child...either you guys will agree or there will be litigation over "temporary" suppost/custody while the divorce is proceeding.

Read more
Answered on 10/22/07, 5:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois