Legal Question in Family Law in Illinois

Re: Can I leave the marital residence without

The house is clearly going to be "marital property" that will be divided as part of the divorce case. The "possession" issue is very different. Unless you can do something be agreement, generally a court isn't going to award possession solely to either of you. The exception would be if there would be some harassment/abuse and an Order of Protection might be used.

Re: Can I leave the marital residence without

I presume that you and your husband own the home. I would recommend not moving out. You need to file a motion for exclusive possession of the home and another motion for temporary child support and maintenance. Since you have not already done that, I assume you are handling this divorce case Pro Se. I recommend in contested divorces (like this one) that you get an attorney.

Re: Can I leave the marital residence without

If he caused you to be in fear for your or your child's safety, you could get an order of protection which would remove him from the house.

Your attorney could also file a motion to that effect, or just a motion to remove him from the house.

While it does not technically make a difference as to whether you move out or not, its much harder as a practical matter to get back in.

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