QUESTION
What can I do if while married we are renting filed for divorce and want spouse out?
Asked on Mar 14th, 2013 on Divorce - Illinois
More details to this question:
I am married spouse will not leave our shared rental. I have filed for divorce. He said he was leaving by the 1st of April now he said he will move when he is ready. He is verbally and emotionally abusive and will try to physically attack my daughter and I. does he have any rights to a property we are leasing.
5 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If he is violent file a restraining order and ask the court to order him out of the house. If you are both on the lease he can stay there unless kicked out.
Answered on Mar 15th, 2013 at 5:27 AM
John Arthur Smitten
You have to file a motion for exclusive use of the residence with the family court.
Answered on Mar 15th, 2013 at 5:26 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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If your husband has attacked you and you fear that he will attack you again, you need to file an order of protection against your husband. Call the Clerk of Courts for your county and ask what steps you need to take to file for an emergency order of protection. The courts take domestic violence very seriously and will order your husband to stay away from the residence.
Answered on Mar 15th, 2013 at 5:16 AM
If he is in fact being physically abusive &/or threatening, you can speak with the court about getting an OP (order of protection) against him (which will also make him leave the apartment).
Answered on Mar 14th, 2013 at 2:44 PM
You should file a motion requesting the court to give you exclusive control of your rental. You should also consider a restraining order. Consult a family law attorney to assist you with the paperwork and a referral to a domestic violence group that can assist you.
Answered on Mar 14th, 2013 at 2:44 PM