Does One of us Have to Move Out to Get a Divorce in Illinois? 

 Posted on September 27, 2022 in Main

Couples (or one individual partner) often consider divorce long before they actually discuss it or begin the process of finding attorneys and filing for divorce. Being unprepared for a divorce can cause major disruptions in a family’s life, and there are many things to consider carefully before officially getting started. 

One obstacle that often results in a delay between wanting to get a divorce and actually filing for one is when couples cannot afford to live independently of each other. With home prices and rents rising astronomically over the last year, a couple may feel trapped in their current living situation but also feel as though there are no other options. If this situation sounds familiar to you, you may be surprised to learn that you can actually get divorced even if you are still living in the same house throughout your divorce process and even after the divorce is finalized. 

Living Separate and Apart

While Illinois couples need not (and cannot) accuse each other of fault in divorce, such as infidelity or abandonment, they do still have to show that their relationship has ended because of irreconcilable differences. One way this is done is through living separate and apart. 

Although this may sound like one partner has to leave the premises of their marital home, in reality sleeping in separate rooms and/or ceasing marital behavior is usually enough to meet this standard. If a couple is sleeping in different parts of the house, no longer having sex, and no longer presenting themselves publicly as a couple, they can typically show a court that they are living separate and apart. 

While the decision to live together during and after divorce may seem like a silver bullet allowing spouses to both divorce and save badly needed money, it is important to keep in mind that divorce often ends up being far more acrimonious than many people anticipate. It can be very difficult to negotiate a fair divorce settlement when you live with your spouse and never have the opportunity to get a break from each other. If you are considering getting divorced while remaining under the same roof, consider your relationship with your spouse carefully and think through any unpleasant consequences that you may not be prepared for. 

Considering Divorce? Contact a Skilled DuPage County Divorce Attorney Today

If you and your spouse are discussing the possibility of divorce, you likely have many questions about your options and how different scenarios could play out. Before you begin the divorce process, make sure you have a thorough understanding of your needs and obligations under Illinois law by calling the experienced team of Wheaton, IL divorce attorneys with Mirabella, Kincaid, Frederick & Mirabella, LLC. Call 630-665-7300 today. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000