I need my spouse OUT- what are my options?
Divorce is an emotionally complicated time, and continuing to live with your soon-to-be ex doesn’t make it any easier. However, as much as you may feel like your spouse should vacate, the courts will only intervene if there is a clear danger to you or your children. Consult a divorce lawyer Chicago about these three options:
Orders of Protection are available regardless of whether you have filed for divorce, but only if protection is truly necessary, such as in cases of abuse. If you or your children are in physical danger from your spouse, this is the best course of action. These types of evictions fall under the Domestic Violence Act, instead of the Divorce Act, and the proof required is somewhat less than it would be to evict under the Divorce Act.
Temporary Evictions are another possibility, which the court has the power to order. These evictions are considered temporary because it is still possible for your spouse to receive possession of the home after the divorce is finalized.
Eviction Proceedings under the Divorce Act allows you to file a petition to have your spouse evicted during the divorce proceedings, but again only when there is a demonstrable danger to you or your children’s physical or mental health. You may need a mental health professional to testify to the endangerment of you or your children’s mental health. You must also show that there is less of a hardship for your spouse to move than for you and potentially your children to move.
As difficult as it is to continue living with your soon-to-be ex, remember that forcing him or her out of the home is a drastic step. If you have children, consider the type of relationship you want to be able to maintain with their mother or father. As long as you and your children are not in real and present danger, attempting to force a move prior to the divorce being finalized is an aggressive move that could have long lasting consequences on the amicability of the future relationship. Consult our understanding divorce lawyer Chicago team at the Law Office of Michael P. Doman for help in these difficult times.