Family Law Attorney Chicago To Move Out or Stay While Processing a Divorce
Divorce Attorney In Chicago
One very common question you will hear from those who are seeking for a divorce is whether they move out or not. This typically involves the husband and he is the one initiating the divorce. What he really fears most is giving up his right to return and his interests in the house.
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From a strictly legal perspective, those fears are unfounded. If the home is jointly owned, each has an equal right to the house, an equal stake in its value. Similarly, the person moving out has the right to move back in, should that be necessary, even if the other spouse objects.
The other spouse has a right as much as them to live in it and to return to it if they had moved out, for those that are living in a home that is owned by one spouse. Except where an "order of protection" has been issued, the non-owner cannot be evicted while they are married to the owner. This means that whether an owner or not, an abusive spouse can be evicted by the court with an "order of protection".
However, whether you should leave the family home has several practical considerations.First, can you afford to maintain separate households? Without factoring the utilities and the most minimal of furnishings that you will either have to buy or rent if you cannot get them from your current possessions even the most cheap apartment will cost you a few hundred dollars.
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Couples that are able to work out a tolerable coexistence with separate bedrooms, shared but separate child care schedules, and even separate eating arrangements can save themselves thousands of dollars. Through these small steps in mutual accommodation, they may lead to greater benefits and less contentious, less expensive negotiations when dividing up their property and working out child custody and support plans later on.
But do not get it wrong, the so called tolerable coexistence and mutual accommodation are not always a part of the divorce proceedings among couples. Many people find that the chance to get away from each other and the constant bickering justifies the extra expense. While occasionally providing a few couples the opportunity to reconsider whether a divorce is what they really want, the time apart can relieve the tension and anger sufficiently to bring about a more constructive resolution to the marriage.
The financial and quality of life changes that they will have to go through should be in the mind of the spouse moving out, as well as other realities too. The expectation that the house will be left to them usually plaques the person being left in the house even when there is no good reason why it should be. The possibility the judge will order the home sold as the only way to fairly divide the property will be almost unavoidable because of the heightened adversarial attitudes.Even so, judges are loath to separate children from their home so whoever is awarded primary physical custody of the children will likely receive the house as well.
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