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How long will it take to evict my wife? (Divorce)

Chicago, IL |

The house is owned by me before marriage and I have made every payment on it for ten years. The house is only in my name and I have been married for four years. No kids. I have not filed for divorce yet! I am thinking of getting an order of protection, but my question remains how to get her out?.

She has now posted herself on dating sites I got a screen shot from the computer, I really I don't know my heart was pounding...

Attorney Answers 3


  1. Do not do anything without first consulting in person with a divorce attorney. You could end up getting thrown out yourself if you provoke her in any way. Cool heads prevail. Again the proper order to do this is : GO IN PERSON AND CONSULT A DIVORCE ATTORNEY. You cannot just decide you want a divorce and then expect to throw her out. It does not work like that. She has marital rights to reside in the marital abode.. Even if the home is non marital property of yours she has a right to reside there until a court tells her she cannot or until she voluntarily leaves.

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  2. Based upon the few facts presented, you have no basis for evicting your wife. She has as much right to live n her home as you do. If you have filed for divorce, you should discuss this matter with your attorney. If you make any effort to throw out your wife without a legal basis, this could come back to haunt you and you could wind up being the person to be ordered out. Please go see your lawyer. If you don't yet have one, now is a very good time to consult with several and hire the one you like the best.


  3. I agree with the prior answers of counsel. It's unlikely that a formal landlord-tenant relationship was established with a formal lease and the regular payment of rent etc. In those rare cases where such an arrangement exists, then the parties are faced with two cases and twice the court costs. Also the court will generally consolidate the "eviction" case into the divorce case and nothing will be gained.

    The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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