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Do I Have to Move Out of Our Home After Being Served with Divorce Papers?
03 Mar, 2024

Do I Have to Move Out of Our Home After Being Served with Divorce Papers?

Divorce, undoubtedly, is a challenging journey filled with uncertainties. At SLG Family Law, a common query we receive from our clients facing divorce is about the living arrangements during or after the divorce process. In this blog, we will discuss whether a person is required to move out of their home after being served divorce papers.

Separation and Living Arrangements

When a couple in Illinois decides to dissolve their marriage, they can either mutually agree on the separation terms or resort to a litigated divorce. If both parties consent, a separation agreement can be crafted detailing the division of assets, child custody arrangements, and the decision about who retains the marital home. This agreement is then presented to the court for approval. In this case, the question of moving out may not arise as both parties have agreed on the living arrangements.

Contrarily, in the absence of mutual agreement, a litigated divorce becomes necessary. Here, the court takes charge of decisions regarding property division, child custody, and other relevant matters. Importantly, until a court order or agreement mandates otherwise, both spouses have the right to remain in the marital home, even after divorce papers have been served. 

However, it is essential to understand that the court may still order one of the spouses to move out if there are compelling circumstances. These circumstances include domestic violence, danger to children, or unreasonable refusal to vacate by one party despite being ordered by the court. The primary consideration for the court in such cases is the safety and well-being of all parties involved.

Influential Factors

The court’s decision on who stays in the marital home during the divorce process is influenced by several factors. These include the best interests of any children involved, each spouse’s financial circumstances, and any history of domestic violence or abuse. The overarching aim here is to ensure a fair and equitable resolution.

The Role of an Attorney

If you find yourself concerned about your living arrangements during the divorce process, it is pivotal to seek guidance from an experienced divorce attorney. They can elucidate your rights, walk you through the legal process, and help you navigate any obstacles that may arise. Every divorce case is unique, and the outcome hinges on the specific circumstances. Therefore, it is essential to consult with a qualified attorney who can provide personalized advice based on your situation.

Contact Us for Help

The serving of divorce papers does not automatically necessitate you to vacate your home. The decision about who stays in the marital home during the divorce process is influenced by various factors and may be determined by a court order or mutual agreement. It is imperative to consult with an experienced divorce attorney to better understand your rights and navigate the legal process effectively. SLG Family Law is here to help and guide you through this difficult time. Contact us today for a consultation.



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