| Illinois is a 'no fault' state, which means no grounds need be entered, simply 'irreconcilable differences' for a divorce to be granted. What this means is you have two seperate issues going on.
One, is the divorce and the settlement of the property. If you have a problem in her getting the house with the new beaux and baby, file for physical custody and the house for yourself. Then ex-wife, beaux and baby can find somewhere else to live.
Once the divorce, custody and property settlement are decided, you have no grounds on which to object what 'she' does with 'her' house. The question comes to this: Is it more important that she and he dont get the house? Then contest the house. You can, make her buy you out of your interest in the house (now it IS her house, to have, hold and pay for), force the sale of the house (disrupt your kids' lives because your sensibilities are offended), or buy her out of the house. Whether you get custody of the kids or not, you will be at least maintaining the home they are accustomed to. Which is not always a good idea. If there were a lot of problems in the marriage, not living in the same house may be a healthy 'break' for the kids.
The only way you can keep this guy out of the same living circumstances as your kids is if you can PROVE he is a danger, bad influence (like drugs, alchohol, criminal record, abuse) to your kids and your kids would be significantly impacted by his presence. Honestly, that is rarely the case, and the courts know this. Most of the time it is an injured spouse getting back the only way he can. Not to say your 'injured status' is unjusitified or justified, it just is what it is.
Think long and hard, and as unemotionally as possible, and good luck. | 
04-14-2002, 05:36 PM
Linear Mode
