People tend to assume that once a Petition for Dissolution of Marriage is filed, one of the parties is required to move out of the marital residence. Not so. In fact, unless a spouse voluntarily moves out of the marital residence or a court order grants exclusive possession to either spouse, both the Husband and Wife can remain in the home, with one caveat: If the ground for dissolution is irreconcilable differences (no-fault), they must live separate and apart even if under the same roof.Living together with your soon-to-be ex during the divorce process may be a financial necessity for the family. However, if domestic violence is involved or if the living arrangement jeopardizes you or your children’s mental or emotional well-being then you should speak with an attorney about the available legal options to protect yourself and your children.Though not ideal, there are a few steps you can take in order to make living in the same house bearable for you, your spouse and children, but still qualify for a no-fault divorce.Living with your spouse during a divorce is difficult but it may be the only option for your family.
Nov 09, 2010
Living Together While Going Through a Divorce
News and Insights
Sep 24, 2026
What Does AI Mean for the Future of Legal Writing? Takeaways from Scribes’ 75th Anniversary
By Partner and President of Scribes – The American Society of Legal Writers, Michele ...
Sep 22, 2026
Schiller DuCanto & Fleck Partner Adam Zebelian Appointed to Illinois Supreme Court Judicial Screening Committee
CHICAGO, IL – September 22, 2026 – Schiller DuCanto & Fleck LLP is pleased to ...
Sep 14, 2026
Who Gets the Dog After a Breakup? Illinois Just Changed the Rules
By Partner, Erika Wyatt When a relationship ends, disputes over a treasured pet can be ...