If my husband is refusing to separate,will Ihave move out and uproot my children?

UPDATED: Jan 9, 2011

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If my husband is refusing to separate,will Ihave move out and uproot my children?

I am a stay-at-home mom of 4 small children; I have no personal income; no family close by. Also, both mine &andmy husband’s names are on the deed to the house. Before I can file for separation, my husband and I must be living apart, per ILlaw. If my husband won’t leave, will my children and I legally be required to move out instead?

Asked on January 9, 2011 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Here is the thing: you really should not take the children out of the house and away from their Father.  Unless it is an abusive situation or you believe that their Father is a danger to the children and it is not n the best interest of the children to continue living there, you can not take them away.  You need to speak with a divorce attorney in your area.  Generally your option may be not to file for separation but instead file for divorce and ask for a temporary award of the marital home, temporary child support and temporary alimony.  Then he could be forced to leave for the time being.  Good luck to you.

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