Legal Question in Family Law in Illinois

I have been married for just over 2 years but we have been together for over 8. I am the only one who works in the home and I pay all the bills; not my choice. I have 4 children (from a prior marriage) and want a divorce. I have asked my husband to leave but he refuses telling me he does not have to. I am currently purchasing the house through an individual and feel it is my place, not his. How can I make him leave? How quickly after filing for divorce will he leave as I do not want to wait until the divorce to get him out of my house. He has stated numerous times that he will make my life hell until the day he leaves. Any helpful information would be appreciated.

Thanks!!


Asked on 3/08/12, 1:04 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Reverse the situation. A court will only tell a spouse to get out if you can prove tat your physical or mental well being is jeopardized by his continued presence. He has what is called the right of homestead and court is hesitant to tell him to leave unless he is doing something. If he is not doing anything, his mere presence is not a reason to get out. If you bought the house while you were married, it is marital property. It is his house too. He does have duty to contribute to the household support. A court may order him to get a job, but that is only a small part of the process. He will probably make your life hell.

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Answered on 3/08/12, 1:13 pm


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