Should You Move Out of the Marital Home?

One of the most common dilemmas that divorcing people face is whether to move out or stay in the marital home. If domestic violence or threats of it exist, the couple should not continue living together. But if the physical safety of the couple and their children is not at risk the issue becomes less clear. Some couples going through a Chicago divorce continue living together to keep expenses in check during the divorce as divorce is often expensive. There is also the possibility that if one party moves out the opposing party may allege abandonment or dissipation. Moving out and paying rent at a new place may not excuse a party from the legal obligation to continue to pay for all or a portion of the expenses of the marital home. Further, the contact that a parent has with the children may be greatly reduced by moving out if the children stay in the marital home. Thus, moving out can negatively affect the custody and visitation results in a divorce. On the other hand, living together during an Illinois divorce could be problematic or detrimental in some cases. Will there be unpleasant disagreements in front of the children? Will the couple be discussing the legal case in front of the children? Does your spouse or you have a girlfriend or boyfriend that will be visiting the home and will that make it harder to settle the divorce case? If couples can afford to live separately and it will not be detrimental to either party or the children it can be the best option in some Chicago divorce cases. Speak with your attorney about what is the best option in your particular case.

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If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.