The first thought that often comes to mind for many people once divorce becomes a reality is, “Who is moving out?” The idea of staying in the same city, let alone the same house, is typically too overwhelming to bear, and someone decides to leave the residence. Before you pack your bags and head for the door, you may want to reconsider.
Door May Not Reopen When Leaving Home During Divorce
Sometimes the feel, noise, and finality of slamming door are satisfying. The motion brings a physical release and closure to a heated argument loaded with emotion. However, if you walk out that door, you may not be able to get back in, and your ex-spouse then has possession of everything inside.
If you are both in the home and neither of you want to leave, your spouse would have to ask the court to have you removed from the house, which takes time. Usually, with a “stay away” order, a judge only removes an individual if they are found guilty of domestic violence or are in some way endangering their ex and children.
Child Custody Problems
When determining the allocation of parental responsibilities, judges in Illinois focus on what is in the best interests of the children. Judges prefer to allow children to maintain as much normalcy as possible. If one spouse remains in the home and is also the primary nurturer of the house, a judge may decide the child should stay in their childhood home, close to their school, friends, and activities, with the primary nurturer. Not only do you risk giving up the house, but you also risk a reduction of parenting time.
If Possible, Create a Plan Together
Unless you live in a home large enough to separate, it is typically not a good idea for both spouses to stay within the house long-term. Your best course of action is to create a written plan with your spouse before one of you exits. Your agreement should minimally include custody arrangements, financial contracts, property division solutions, and care for the property.
Contact a Wheaton, IL Divorce Attorney Before You Leave
If you and your spouse have decided to divorce, before you pack, contact a skilled and proven DuPage County divorce attorney. The experienced lawyers at Andrew Cores Family Law Group will listen to the details of your situation and advise as to what you should do next. The information in this article is intended as a general guideline and should not be a substitute for direct legal advice for your unique circumstances. Let us help protect your property and interests. Call our office today at 630-871-1002 to schedule a free consultation.