How to Legally Remove an Abusive Spouse in Illinois | AKL Legal, LLC
Your home should be a place of peace and safety—not fear. Unfortunately, when you’re living with an abusive spouse or partner, that sense of safety can quickly disappear. If you are experiencing domestic violence in Illinois, know that you are not alone and you do have legal options to protect yourself and your children.
If you’re in immediate danger, leave the home and call the police. Once you’re safe, your next step is seeking legal protection with the help of an experienced Illinois family law attorney.
Legal Options to Remove an Abusive Spouse from the Home
You do not have to remain trapped in an unsafe situation. Illinois family law offers two main legal paths to remove an abusive spouse—both requiring court approval.
1. File for an Order of Protection in Illinois
An Order of Protection is one of the fastest and most effective ways to secure your safety. Once granted, this court order can:
Prohibit your spouse from entering your home.
Forbid any contact by phone, text, email, or through third parties.
Provide immediate legal protection for you and your children.
A judge will issue an Illinois Order of Protection if evidence shows that your spouse’s presence poses a real threat to your safety or your child’s wellbeing.
2. Request Temporary Removal During Divorce Proceedings
If you are already in the process of divorce in Illinois, your attorney can petition the court under the Illinois Marriage and Dissolution of Marriage Act to remove your spouse from the marital home.
This process mirrors an Order of Protection but is tied directly to your divorce case. The court must again find that your spouse’s presence creates a risk of harm to you or your children before issuing the order.
Who Gets the House After Divorce in Illinois?
Once your spouse has been legally removed, the next question often becomes: Who gets to stay in the home long-term?
Illinois follows equitable distribution laws, meaning the court divides marital property fairly, though not always equally. Judges may consider:
Each spouse’s financial and non-financial contributions
The needs of each party after the divorce
The duration of the marriage
Any other relevant factors
Even if your name is not listed on the deed or mortgage, you may still have a legal right to remain in the home or receive a fair share of its value.
Take Control and Protect Your Future
No one should have to live in fear under their own roof. If you are facing domestic abuse in Illinois or need help removing an abusive spouse, don’t face it alone.
At AKL Legal, LLC in Grayslake, Illinois, attorney Alan K. Lenczycki represents clients throughout Lake County, McHenry County, and surrounding communities. Our team can help you file an Order of Protection, navigate divorce proceedings, and protect your home and your children’s safety.
Call 847-262-9888 today for a free, confidential consultation and take the first step toward peace, safety, and independence.
