With divorce, the goal is for you to eventually move forward. During the process, you may still be living with your soon-to-be-ex-spouse. It is understandable that there is a need for your spouse to move out of the marital home. The fact is, however, that the court system can only intervene in this type of scenario if there is clear evidence of danger to you or your children. There are three ways for you to deal with this dilemma with the help of an experienced Chicago divorce or family law attorney:
- Orders of Protection. This type of protection is available to anyone who is experiencing any type of abuse, whether or not a divorce has been filed. This is an immediate recourse for you and your children if there is any experience of physical abuse or danger from your spouse. It falls under the Domestic Violence Act, instead of the Divorce Act. In this type of eviction, the proof that the authorities will need is less compared to that which is required to evict someone with the Divorce Act.
- Temporary Evictions. The dilemma in this type of eviction, which is ordered by the court, is that, from the description itself, it is only temporary. This means that there is a possibility for your spouse to have possession of the marital home once the divorce becomes final.
- Evictions Under the Divorce Act. When there is the clear presence of danger, physical or mental, towards you or your children, the Divorce Act provides for you to file a petition requesting that your spouse be evicted during the ongoing proceedings of a divorce. There might be a need for you to consult and have a mental health professional serve as a witness on the presence of danger toward yours and your child’s mental well-being. Another thing is that you must be able to demonstrate how it would be harder for you and your children to move than it would be for your spouse to do so.
It can be awkward and difficult to have to endure living with a soon-to-be-ex-spouse during an ongoing divorce process. The wounds of a broken union are real and having your spouse near as you endure everyday that comes adds to the challenge. Consider the fact that having your spouse out of the marital home could be too drastic a step at a certain point. Consider the relationship your children need to have with the other parent. More than ever, always use your better judgement during this difficult time, but never compromise your safety and that of your children.
Make sure you ask your attorney any questions you may have when it comes to your ex-spouse and the marital home. They will help you understand your options and determine the course of action best suited for your situation.