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900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in legal separation

Posted on in Family Law

IL divorce lawyerIf you are currently married but are not happy and wish to end the relationship, there are a few different options. Two of the most common options are legal separation and divorce. Divorce is well-known and very common, ending in the dissolution of the marriage. It also allows a couple to separate and divide up property and assets. Child custody and maintenance may also be worked out in a divorce.

Legal separation is not as well-known. If a couple legally separates, they do not dissolve the marriage, but instead will have a separation agreement. Many of the same issues are addressed, such as child visitation, custody, alimony, or maintenance. However, it does not divide up properties and assets unless both people agree to it ahead of time. Neither spouse is allowed to remarry because the marriage has never been formally dissolved. There are differences in how finances are handled in each option so it is important to evaluate all your options before making a firm decision.

What Is Better About Legal Separation?

Not all marriages will benefit more from legal separation. However, if you wish to take advantage of any of the benefits below, it may be beneficial to legally separate instead of divorce:

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Illinois child support lawyersWhile some married parents choose to divorce, others decide to separate. For some, this is a transition into divorce. For others, it is a chance to determine if divorce is truly the right path. Whatever the case or reason, parents who legally separate have the right to pursue child support. Learn more about this process, and how an experienced family law attorney can assist you, with help from the following information.

How Legal Separation Differs from Divorce

Unlike divorce, which is a complete severance of the marriage, legal separation does not legally end the marriage. Instead, it is a process through which couples develop a formal arrangement while living apart. Married couples do not need this arrangement to live apart, but many choose to pursue this legal documentation anyway. It gives the disadvantaged party the right to pursue financial assistance, including a request for child support and/or alimony (whenever appropriate). It also offers additional benefits above and beyond financial matters.

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DuPage County divorce lawyersAlthough people often use them interchangeably, divorce and legal separation are actually two different legal procedures. Each has its own set of advantages and disadvantages, and one does not need or rely upon the other. In fact, many couples legally separate and never divorce, and others divorce without ever going through a legal separation. Still not sure which is right for you? Start with the following information, which explains the differences, benefits, and drawbacks of both divorce and legal separation.

Divorce in Illinois

Divorce – or the dissolution of a marriage – is a legal process used to end (dissolve) a marriage. Parties equitably split their assets, determine allocation of parental responsibilities, parenting time, alimony, and/or child support, and they may remarry any time after the process is over. You do not have to live apart prior to filing, nor do you have to file for a legal separation before filing for divorce. However, you must fully understand that, once complete, the marriage is over. For some, this is too big of a step, and they may choose legal separation instead.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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