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

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

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