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LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

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

DuPage County family law attorneysGetting a divorce is a major, irreversible decision that affects nearly every aspect of a person’s life. That said, some individuals and couples are confident that a divorce is the best option to free themselves from a failed marriage and make it possible to move forward with their lives. However, if you are not so sure that divorce is the right choice, you do have another option in Illinois in the form of legal separation.

What Happens in an Illinois Legal Separation?

In order for a legal separation to begin, you and your spouse must be living separately, and one or both of you must submit a petition to the court. As part of the judgment for legal separation, you and your spouse may need to reach an agreement on many of the same issues addressed in a divorce resolution, including spousal maintenance in a case of financial need, as well as child support and parental responsibilities if you and your spouse have minor children together. You can also choose to begin the process of allocating marital property, and in general, any new property that you or your spouse acquires after the judgment of legal separation will be considered non-marital.

Throughout the separation, you and your spouse will remain legally married, leaving open the opportunity to end the separation and reconcile. However, either of you can also choose to file for divorce at any point during the legal separation. This is a necessary step if either of you wishes to legally marry a new partner.

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Lombard legal separation attorneysYou went into marriage with every intention to have it last forever. However, as things have turned out, you now find yourself contemplating a divorce but you are not sure if that is the route you want to take. Couples who find themselves in this situation, namely, those who are not sure whether to divorce or not, usually start by at least physically moving out of the home.

Physical Separation Is Not Legal Separation.

Legal separation has a special meaning besides being physically separated. In order to be considered legally separated, you must have a court issue an order in a legal proceeding similar to divorce in which many of the same issues that come up in divorce can be addressed. These include:

However, the court will not divide marital property. If you and your spouse already agree on how the property should be divided, the court can approve your settlement agreement but will not divide the marital estate for you.

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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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