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FAQ Videos

My Spouse and I are Still Living Together. Can We Still File for Divorce?

DuPage County Family Law Attorneys Answer Divorce Filing Questions

When you and your spouse decide to file for a divorce, you will encounter many legal and personal questions. You will need to make important decisions regarding the division of marital property, spousal maintenance, and the allocation of parental responsibilities and parenting time (formerly known as child custody and visitation).



It is likely that one of the first decisions you will discuss is your living arrangement. What if you cannot move out of your home immediately? Can you still file for divorce?

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the trying decisions that arise as the divorce process unfolds. Deciding when (or if) to move out and where to live can be overwhelming financially and emotionally.

Does One Spouse Need to Move Out Before Filing for a Divorce?

Continuing to reside in the same house as your spouse may not be ideal, but in some circumstances, you (or your spouse) may be unable to move out prior to the divorce. If you are currently unemployed, underemployed, or working as a homemaker, it is reasonable to secure a source of income before moving out. Moving out of the family home too quickly could exacerbate your financial worries or negatively impact the allocation of parental responsibilities and parenting time.

If you are working through your divorce amicably and have discussed this with your divorce attorney, you may still file for divorce while residing in the same family home. Under Illinois law, it is possible to file for a divorce even when you and your spouse continue to live under the same roof. Previously divorcing couples were required to live separate and apart for a specific length of time prior to being granted a divorce. Now, however, family law judges only require proof of irreconcilable differences. Irreconcilable differences refer to the breakdown of a marriage to a degree that any future attempts at reconciliation are either not possible or not in the best interest of the entire family.

Contact a DuPage County Divorce Lawyer

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we recognize the numerous decisions that must be made during the process of divorcing your spouse. Because your living arrangements can directly affect the divorce process, it's vital to speak with a Wheaton, IL divorce attorney before making any logistics decisions. Together, our dedicated team of attorneys has decades of family law experience.

To schedule a free consultation, call MKFM Law at 630-665-7300 today. We provide representation for clients throughout the western suburbs of Chicago, including Wheaton, Naperville, Oak Brook, Downers Grove, and throughout DuPage, Kane and Kendall Counties.

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250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree