Anderson & Boback Logo

Living in the Same House as Estranged Partner?

Categorized as Divorce

Many parties who are going through a break-up or a divorce reside in the same household for a period of time subsequent to the break up. Some parties are able to do this without issue, and it can be a great cost-saving mechanism to only have to utilize resources to pay for one residence. Some parties are not comfortable with this scenario for a variety of reasons. Some parties do not get along well enough to reside in the same household. Others wish to date, and don’t want to do so when they are living under the same roof as their ex. There are many different reasons why parties do not want to reside together while going through a break-up or a divorce, and in some scenarios, the Court can help these situations.

If residing in the same house as the other party is causing emotional or mental distress, in some scenarios, a Court may consider giving someone “exclusive possession” of their joint residence, in the divorce proceedings. That effectively removes one of the parties from the residence during the pendency of the case. That allows the other party to change the locks, put in an alarm system, etc. and prohibits the other party from entering the house, absent a court order allowing them to do so. This can help cause undue distress for both the parties and their minor children during the pendency of the matter, and is a good alternative to something such as an order of protection, when the parties are fine with each other, so long as they aren’t living in the same household. This is an option in some divorce cases for the parties if they cannot reside in the same household.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870