Anderson & Boback Logo
Who has to move during divorce

Who Has to Move During Divorce Proceeding, Wife or Husband?

Categorized as Divorce

Many couples filing for divorce chose to remain living together while the divorce is pending.  Sometimes couples remain living together for financial reasons, sometimes because they don’t want to be apart from the children, and sometimes because both parties are both too stubborn to move.  However, in many of these cases a time comes when it is no longer in the parties’ best interests to remain living together.  At that point, what happens?  Who has to move during divorce proceeding?

Illinois Law Allows for a Temporary Remedy as to Has to Move During Divorce Proceeding 

Section 501(c-2) of the Illinois Marriage and Dissolution of Marriage Act allows for a party to request the Court grant them “exclusive possession of the marital residence.”  This is only a temporary remedy during the divorce proceeding and does not necessarily mean that the party remaining in the marital residence will be rewarded the marital residence in the divorce.

When a Motion for Exclusive Possession comes before the Court, the judge considers whether the couple occupying the same residence jeopardizes the physical or mental well-being of the parties or their children.  The Court can only grant this remedy upon due notice and a full hearing unless the Court waives that requirement for good cause shown.

The Court’s Goal is to Preserve  Status Quo for Children and Well Being of the Parties

That brings up the question of how the Court determines who has to leave?  During the dissolution of marriage process, the Court attempts to maintain the “status quo.”  If the parties have children, the Court will look at keeping the children in marital residence.  Which means the Court will look at which parent was more responsible for getting the children ready for school, taking them to school, picking them up, helping with homework, and other issues related to the children.

The Court will also take into account what role each party played in disrupting the physical or mental well-being of the other party and disrupting the status quo.  The Court also factors in financial considerations, such as who can afford to maintain the marital residence or who can afford to pay rent.

An Order of Protection, if Granted, Decides Who Has to Move During a pending Divorce

If either party has experienced physical violence or threats of physical violence, the Court can then grant an Order of Protection on an Emergency Basis.  The Court can grant an Emergency Order of Protection without notice and hearing. However, once the Court grants the emergency, the other spouse must be notified and will receive a chance to be heard.  The Court will then hold a hearing on whether to extend the Order of Protection and may extend it for up to two years.  If an order of protection is entered, the party whom the Order is entered against will be forced to leave the marital residence.

So, Who Has to Move, Husband of Wife?  The Court May Decide 

Every dissolution of marriage case is different.  If the parties can no longer live together and cannot agree on who will remain in the marital residence, the Court makes that determination.

If you are going through a divorce and where you need to address has to moves out during the pending divorce, feel free to contact our office today to schedule a confidential consultation.  Our team of experienced and top rated family law and divorce attorneys representing your interests during and after divorce.

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