QUESTION

how are my rights affected since my spouse has left the home during our divorce?

Asked on Jan 08th, 2015 on Family Law - Illinois
More details to this question:
she is cohabitating with the man she is dating. I have two children at home with me one is a minor.
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1 ANSWER

Until you file for divorce or there is some other order of Court (ie. order of protection), it does not have a big effect on your rights.  You each still have equal rights to your children and the marital estate.  Once a divorce case is filed, if your spouse is living  with someone on a continuous conjugal baisis, she may forfeit her right to seek maintenance or spousal support from you.  It may also help you in obtaining custody of your children in that one of the factors the Courts look at in determining child custody is who is the children's primary care taker.  If that is you since she moved out, it helps.  However, in child custody cases the Court considers numerous factors that help it determine the best intersts of the children.  Like most family law questions, in order to give more helpful answers we need specific facts.  Without knowing the specifics of your situation, I can only give you the above generalities.  I would be glad to discuss your matter further with you.  I hope this was helpful.
Answered on Jan 09th, 2015 at 2:07 PM

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