If you and your spouse have remained amicable, it may be in your best interest to remain in your family home. But if not, you should instead fight to have your spouse move out. This should especially be the case if you are dealing with a child custody settlement agreement. For more information, follow along to discover how a seasoned Morton divorce lawyer at Butler, Giraudo & Meister, P.C. can walk you through your options.
Can my spouse force me to move out during my divorce proceedings in the state of Illinois?
Under the law of Illinois, no party is required to leave the family home while the divorce is still underway. In other words, your spouse does not have the right to force you to move out. It is also important to note that, when it comes to the property division settlement agreement and valuing marital property, the Illinois courts will not factor in whether you moved out before the finalization of the divorce.
Can I have my spouse move out during my divorce proceedings in the state of Illinois?
Under extreme circumstances, you may be able to have your spouse move out of your family home during your divorce proceedings. For example, if you have been made a victim of domestic violence, you can file for protection. With this, a judge will issue a restraining order, which will force your spouse to leave your residence. Additionally, if your spouse’s presence in the family home is not in the best interest of your child, you can present evidence to a judge and they will grant your request.
Will my child custody agreement be impacted if I move out?
Put simply, your moving out may negatively affect your child custody settlement agreement. The reason is that the Illinois court may prefer that custody be granted to the parent who remains in the family home, continues to care for the child, and maintains the lifestyle that the child has grown accustomed to. They also may determine that your new residence is not fit to raise your child, even if you can argue that it is just a temporary stay. Nevertheless, to avoid all these possible defenses that can be used against you, it is best that you remain at your residence.
However, if staying put is not an option because you are not amicable with your spouse, you should move your child out with you. To do so, your spouse must sign an agreement to the move. If they refuse to, then you can take your argument to court and they may possibly grant you temporary physical custody of your child.
For further guidance on which avenue to take, contact a knowledgeable Tazewell County family law attorney today.
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Contact Butler, Giraudo & Meister, P.C., today for effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support.