Temporary Exclusive Posession Of The Marital Home

Barrington Temporary Relief Attorney

At Richard W. Culver, Ltd., located in Barrington, Illinois, we offer legal advice, objective analysis, and representation when temporary exclusive possession of the marital residence during the pendency of the divorce/dissolution of marriage case is sought by a spouse.

Temporary Exclusive Possession of the Marital Residence:

Under the Illinois Marriage and Dissolution of Marriage Act, where there is on file a verified complaint or verified petition seeking temporary eviction from the marital residence, the Court may, during the pendency of the proceeding, only in cases where the physical or mental well being of either spouse or their children is jeopardized by occupancy of the marital residence by both spouses, and only upon due notice and full hearing, unless waived by the Court on good cause shown, enter orders granting the exclusive possession of the marital residence to either spouse, by eviction from, or restoration of, the marital residence, until the final determination of the cause.  The Court, in entering orders regarding the use of the marital residence, shall balance the hardships to the parties.

Historically, there have been serious and stringent standards to be satisfied before the granting of temporary exclusive possession of the marital residence to a spouse by the Court.

Because of the complexity and the significant legal implications involved when temporary exclusive possession of the marital residence is sought by a spouse, it is prudent to seek the counsel of a matrimonial and family law attorney. At Richard W. Culver, Ltd., we can help you learn more about the legal issues involved when temporary exclusive possession of the marital residence is sought, and we can help you pursue or defend any such legal action.

Contact a Barrington Divorce Attorney at Richard W. Culver, Ltd.

If you have any questions or concerns pertaining to temporary exclusive possession of the marital residence, call Richard W. Culver, Ltd. at 847-382-2900 or complete the contact form to arrange a confidential initial consultation. At Richard W. Culver, Ltd., evening and weekend appointments are available in order to accommodate all schedules.