Chicago Divorce Lawyer
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Can I get “Exclusive Possession of the Marital Residence”?
A frequently asked question is whether, while a divorce is pending, one spouse can force the other spouse to move out of the marital residence. There are two separate statutes which grant the court the authority to order the removal of a spouse during the divorce, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101) and the Illinois Domestic Violence Act (750 ILCS 60/101).
Section 701 of the Illinois Marriage and Dissolution of Marriage Act allows a “temporary eviction” of a spouse during the divorce proceeding if “the physical or mental well being of either spouse or their children is jeopardized by the occupancy of both spouses.” The degree of proof is greater than that of the Domestic Violence Act.
Exclusive possession of the marital residence may be obtained more easily under the Domestic Violence Act. Under the Domestic Violence Act, a spouse must prove abuse or harassment, and that it is less of a hardship for the other spouse to relocate to another residence. An action under the Domestic Violence Act may be brought as either an independent action or as part of a pending divorce case.
During the pendency of most divorce cases, the atmosphere in the marital residence is tense and stressful for all parties. This is an insufficient basis under both statutes to require the removal of a spouse. Also, under both statutes, a spouse’s being required to move does not affect title to the real estate or who, at the end of the… Continue reading
Chicago Divorce Attorney Fees
Section 508 of the Illinois Marriage and Dissolution of Marriage Act allows a party of a Chicago divorce without financial resources an “advance” of money to pay his or her divorce attorneys’ fees as the case proceeds, to allow that person to effectively participate in the divorce case. The purpose of the statute is to “Level the Playing Field”. It is within a court’s discretion to determine how much is advanced. In doing so, the court takes into consideration various relevant factors including how much the other spouse’s attorney has been paid, the complexity of the case, and which divorce litigant controls the financial information.
Attorneys fees are primarily the responsibility of the party incurring them. Nevertheless, at the end of the divorce case, either party has the right to ask the court to allocate the attorneys fees between them. The court does this at the same time it determines the division of property and debt, and any award of support. The party seeking the fees must show an inability to pay the fees and that the other spouse has the ability or, in some cases, a greater ability to pay them.
