My Spouse and I Are Still Living Together. Can We Still File for Divorce?

DuPage County Family Law Attorneys Answer Divorce Filing Questions

When you and your spouse decide to file for a divorce, you will encounter many legal and personal questions. You will need to make important decisions regarding the division of marital property, spousal maintenance, and the allocation of parental responsibilities and parenting time (formerly known as child custody and visitation). However, before you can begin to address these issues, you will need to understand the legal requirements that you will need to meet as you embark on the divorce process.

As you prepare for divorce, it is likely that one of the first issues that will need to be addressed will be your living arrangements. What if you cannot move out of your home immediately? Can you still file for divorce? How will ownership of property and other financial issues be handled during your case? What can you do to protect yourself as you make adjustments to your living arrangements? At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the trying decisions that often arise as the divorce process unfolds. Deciding when (or if) to move out and where to live can be overwhelming financially and emotionally. We are here to advise you on the best steps you can take to protect yourself, and we can provide you with effective legal representation during your case and help you resolve any issues you may encounter.

Does One Spouse Need to Move Out Before Filing for a Divorce?

Continuing to reside in the same house as your spouse may not be ideal, but in some circumstances, you (or your spouse) may be unable to move out prior to the divorce. If you are currently unemployed, underemployed, or working as a homemaker, it is reasonable to secure a source of income before moving out. Moving out of the family home too quickly could exacerbate your financial worries or negatively impact the allocation of parental responsibilities and parenting time.

If you are working through your divorce amicably and have discussed this with your divorce attorney, you may still file for divorce while residing in the same family home. Under Illinois law, it is possible to file for a divorce even when you and your spouse continue to live under the same roof. Previously, divorcing couples were required to live separate and apart for a specific length of time prior to being granted a divorce. Now, however, family law judges only require irreconcilable differences as the grounds for divorce. Irreconcilable differences refer to the breakdown of a marriage to a degree that any future attempts at reconciliation are either not possible or not in the best interest of the entire family. If you and your spouse agree that you have irreconcilable differences, you will be able to proceed with your divorce, regardless of your living situation.

Contact a DuPage County Divorce Lawyer

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we recognize the numerous decisions that must be made during the process of divorcing your spouse. Because your living arrangements can directly affect the divorce process, it is vital to speak with a Wheaton, IL divorce attorney before making any logistics decisions. Together, our dedicated team of attorneys has decades of family law experience, and we can ensure that you understand the best ways to protect your rights and interests as you work to end your marriage.

To schedule an Initial Attorney Meeting, contact our firm at 630-665-7300 today. We provide representation for clients throughout the western suburbs of Chicago, including Wheaton, Naperville, Oak Brook, Downers Grove, and throughout DuPage, Kane, and Kendall Counties.