Can My Spouse Make Me Move Out of Our House in Illinois?

In Illinois, your spouse needs a court order to make you move out of your marital residence. This can happen in one of two ways. First, your spouse can obtain an order of protection against you. Orders of protection are only awarded in situations of abuse, which can include physical abuse, threats of abuse, or harassment. An emergency order of protection can be issued without notice to you.

Second, your spouse can be awarded exclusive possession of your marital residence by a judge. To obtain exclusive possession, your spouse has to show that continuing to live together could harm his/her physical or mental health or the physical health or mental health of your children. Exclusive possession can only be awarded after a hearing or by agreement of the parties. You are entitled to notice of this hearing and to be present for the hearing. At Mitchell Highlander, LLC, we can help you navigate the tricky issues surrounding your marital residence in an Illinois divorce.