Moving Out of the Shared Home During Divorce Proceedings in Illinois

Posted on in Divorce

moving out, Wheaton family law attorneysIf you are going through a divorce, or are considering initiating divorce proceedings in Illinois, you may have questions about separation and moving out, and how these choices can affect your rights during and after the divorce. One of our experienced divorce and family law attorneys in DuPage County can speak with you regarding your particular situation and help you make a plan with which you feel comfortable.

The Abandonment Myth

Many people mistakenly believe that moving out of the shared residence during divorce proceedings can cause one spouse to forfeit their rights regarding the home. Fortunately, this is not the case.

The court is concerned about dividing assets fairly, and requiring one spouse to give up their rights simply because they did not wish to remain in the shared home during the divorce would not serve justice. You do not give up your rights to fair division of marital assets simply because you wish to set up residence separate from your soon-to-be former spouse.

The court may take into consideration, of course, if one spouse is going to retain the residence, how the other spouse will be compensated for their portion of ownership. These are all important matters to discuss with your family law attorney in DuPage County.

Factors to Consider When Moving Out of the Shared Home

While your shared property will still be considered a marital asset even if you move out of your home during divorce proceedings, there are some important factors that you will need to discuss with your experienced family law attorney and how these issues could impact your divorce, including:

  • Moving out of state or even to a different county or school district;
  • Moving in with a romantic partner or roommate;
  • Choosing a residence and community that is safe and appropriate for your children;
  • What property you should and should not take with you when moving out;
  • Taking an inventory of your marital property and assets; and
  • Making arrangements for paying the mortgage, utilities and other bills associated with your property.

Domestic Violence and Moving Out

For persons who have suffered domestic violence at the hands of their spouse, the decision to move out can be especially difficult, and the moving-out process can even pose a risk to their safety, since abusers may lash out when they see that their spouse is serious about ending the relationship and moving forward on their own.

Your family law attorney can work with you to create a safe plan to protect yourself and your children during and after the moving-out process. Some important factors your divorce attorney can help you consider include:

  • Whether to file a temporary restraining order/order of protection;
  • Asking a judge to order your spouse to move out;
  • Whether to file for temporary emergency custody of the children;
  • Where to live and whether to seek assistance at a domestic violence shelter;
  • Documenting the abuse, harassment or stalking;
  • What papers, documents and records you need to secure; and
  • Locating financial records and any potential hidden assets.

Consult an Experienced Family Law Attorney in Illinois When Considering Moving Out

No matter where you are in the process of deciding to move out or whether your divorce is underway yet, one of our experienced DuPage County divorce attorneys can provide support and guidance as you make these important decisions.


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