Determining Who Should Move Out In A Divorce

Going through a divorce can be a difficult process, especially when couples disagree about various aspects of their divorce. Couples often argue about financial obligations, property division, and dividing up any assets. In addition, many couples have trouble determining who should move out after the divorce. At Women’s Divorce & Family Law Group, we’re here to help couples determine who should move out in a divorce and explain how our services can assist during this time. 

Is One Spouse Required to Move Out Before Divorce?

Illinois law does not specifically state that spouses must be living apart before filing for a divorce. However, Illinois is considered a no-fault state, meaning that spouses don’t have to prove who is responsible for the marriage’s end. Some states require a reason for the divorce, such as proving abuse or infidelity. In Illinois, the court only requires that the couple proves they had irreconcilable differences that resulted in the marriage’s end. 

Spouses must meet the requirements for irreconcilable differences, which can be achieved easily if the couple has lived separately for at least six months. If they haven’t, the court will need to determine another way that the couple has reached irreconcilable differences. The court assumes that if a couple has been separated for six months, they have irreconcilable differences. So while moving out isn’t required for Illinois divorces, it can help prove that you are eligible for a divorce.  

How Can We Determine Who Should Move Out?

If a couple can’t decide who should move out during a divorce, court intervention may be necessary. There are different options that a court may use in determining who should move out, which include but are not limited to:

• Allowing Temporary Access to the Home

In some instances, it’s not safe for spouses to be living together during divorce proceedings. This can be especially true if living together threatens the safety or well-being of their children. In this case, the court can allow for “exclusive possession of the marital home.” This allows a spouse to have temporary ownership of the house. To receive exclusive possession of the marital home, either spouse can make a request with the court to have the other spouse move from the home. However, the spouse must be able to justify that the other spouse is impacting their well-being in some way, such as physically or mentally threatening them. 

• Determining Property Division

During divorce proceedings, Illinois will divide up the couple’s property, which includes the home. Illinois is an equitable distribution state, meaning that they will split property as they deem fair to both parties, which may not necessarily be equal. In determining who should be able to live in the house and receive the property, the court will examine such factors as the financial needs of each spouse and the needs of any children present. Whichever spouse is granted property rights of the home can help determine which spouse needs to move out. Additionally, spouses should not expect to receive the home automatically just because their name may be on the title. However, if the house is non-marital property, meaning that one spouse owned it before the marriage and the other spouse has had no contributions to the property, it would remain with the owner. In this case, they should remain living in the home. 

Contact Our Team Today 

If you have questions about deciding who should move out in an Illinois divorce, contact our team today. We look forward to working with you.