GITLIN, BUSCHE & STETLER  
111 Dean Street
Woodstock, Illinois 60098

815.338.0021

This information is presented as a service by
Gitlin, Busche & Stetler - Practice Limited to Family Law
111 Dean Street, Woodstock, IL 60098
(815) 338-0021

GETTING THE SPOUSE OUT OF THE HOUSE
  When I start divorce proceedings, doesn't my husband have to get out of the house?
  My spouse voluntarily left the house and is living someplace else. Can I change the locks?
  Aren't there court orders available to evict a spouse from the house?
  What about the eviction proceedings under the Divorce Act (and not under the Domestic Violence Act)?
   
Q: When I start divorce proceedings, doesn't my husband have to get out of the house?
A: No. This is a question I am frequently asked by wives, and especially those who believe (whether or not it is the case) they are abused. I usually answer this question by turning it around and asking, "If your husband filed suit for divorce first, would it be fair for you to automatically be required to leave the house?"
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Q: My spouse voluntarily left the house and is living someplace else. Can I change the locks?
A: Yes, but give it some thought before you do so. If you want to minimize antagonism in the divorce, changing the locks might be viewed as an antagonistic move on your part. Despite your having changed the locks, your spouse still has a right to re-enter the house as long as he can do so peacefully (without breaking the law), unless there is a court order keeping him out of the house. If your spouse has moved out, you should, however, be entitled to your own privacy. Sometimes what works is to volunteer to give a key to the changed locks to your spouse, if he will also give you a key to his new residence.
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Q: Aren't there court orders available to evict a spouse from the house?
A:: Yes, first under an order of protection, which can be obtained whether or not you have filed for divorce. Second, the divorce court can also grant a temporary eviction from the marital residence.
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Q: What about the eviction proceedings under the Divorce Act (and not under the Domestic Violence Act)?
A: A statute in the Divorce Act (Section 701) states that during the pendency of the divorce proceedings a petition may be filed seeking the eviction of a spouse from the marital residence "but only in cases where the physical or mental well being of either spouse or their children is jeopardized by the occupancy of the marital residence by both spouses, and only upon due notice and full hearing, unless waived by the court on good cause shown." If the physical well being of a spouse is jeopardized, it would be easier and more effective to obtain eviction under an order of protection. This statute in the Divorce Act is designed for eviction where the mental well being of a spouse or the children is involved. The best way to prove that mental well being is jeopardized is by the testimony of a mental health professional.
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QUESTIONS & ANSWERS INDEX

I. About the Author
II. Before Marriage
III. Getting Started
  A. Decision Making
  B. About Lawyers
  C. Secondary Issues
IV. The Divorce Process
  A. Grounds
  B. Discovery
  C. Alternative Dispute Resolution
  D. Reconciliation
V. Interim Issues
VI. Child Support
  A. Generally
  B. Enforcement
  C. Post Majority Support
VII. Child Custody
  A. Between Parents
  B. Visitation
  C. Removal
  D. Grandparents and Other Non-Parents
VIII. Maintenance
IX. Property Division
X. Post Judgement Proceedings
XI. Non-Divorce Issues
XII. Adoption
  A. General Information
  B. Assisted
Reproduction
XIII. Selected Federal and Uniform Laws Affecting Family Law
     
     


 
Gitlin, Busche & Stetler provides the preceding information as a service to potential and current clients and to the public.  A person's accessing the information contained on this Internet site is not considered as retention of Gitlin, Busche & Stetler for any particular case, nor is it considered providing legal advice.  Gitlin, Busche & Stetler cannot guarantee the outcome of any case.
 

Gitlin, Busche & Stetler provides the preceding information as a service to potential and current clients and to the public.  A person's accessing the information contained on this Internet site is not considered as retention of Gitlin, Busche & Stetler for any particular case, nor is it considered providing legal advice.  Gitlin, Busche & Stetler cannot guarantee the outcome of any case.