Can I Make My Spouse Move Out Of The Marital Home?

Author: Don Pioletti Posted on: . Filed in: Family Law.

The end of a marriage is often a sad and painful event filled with emotions ranging from guilt and hurt to frustration and anger. Each party is dealing with emotions they never imagined they would ever suffer when they decided to get married. The act of living under the same roof becomes impossible for most spouses due to the emotional stress caused by the breakup of the marriage. This raises the issue of which spouse should vacate the martial home once the parties, or one of the parties, decides that the marriage is over.

The divorce attorneys of Pioletti & Pioletti are here to help you as you face tough decisions about where to live during the divorce process. In some cases, the court may order your spouse to vacate the martial home; however, we must first prove to the court that there is justification for the eviction of your spouse from the marital home. Our attorneys have extensive experience in this area of divorce law. We urge you to contact our office to discuss your specific circumstances in greater detail so we can help you provide a safe home for yourself and your children.

Does My Spouse Have to Move Out of the Marital Home Once I File for Divorce?

No, your spouse is not required to voluntarily move out of the marital home when you begin divorce proceedings. However, there are provisions within the Illinois family laws for a judge to order your spouse to move out of the marital home under certain circumstances. The first option you have for making your spouse leave the marital home is to request an Order of Protection requiring your spouse to vacate the home immediately. This step may be taken regardless of whether you have begun a divorce proceeding.

The second option is to request that the court issue a Temporary Eviction Order under Section 701 of the Illinois Divorce Act. The order requires your spouse to vacate the marital home during the pendency of the divorce action until a final order is issued. However, the court will only grant a Temporary Eviction Order if “the physical or mental well-being of either spouse or their children is jeopardized by the occupancy of the marital residence by both spouses, and only upon due notice and full hearing, unless waived by the court on good cause shown.”

In some cases, it may be more advantageous to seek an Order of Protection rather than a Temporary Eviction Order depending on the circumstances of the case. Our attorneys take the well-being of our clients and their children very seriously. We will work with you to ensure that every step is taken to protect you and your children from an abusive or threatening spouse.

Contact Our Office for a Consultation with an Experienced Illinois Divorce Lawyer

The family law attorneys of Pioletti & Pioletti represent individuals who need help with family law matters. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.

When you need the assistance of an experienced divorce attorney in central Illinois, call Pioletti & Pioletti. We are dedicated to providing our clients with exceptional service and support throughout the divorce process.

Don Pioletti

Don Pioletti

Don B. Pioletti, Jr. was born on August 2, 1946 in Washington, Illinois. He graduated from Eureka High School and received a Bachelor’s Degree from Eureka College in 1970. He served in the Army during the Vietnam War and then graduated from George Mason University Law School in 1976. He served as an Assistant Illinois Attorney General and as an Assistant State’s Attorney. From 1990 until July of 2014 he served as the Woodford County Chief Public Defense Attorney.
Don Pioletti