You 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.
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.
Although divorce is the best and last option for many couples, there are, however, situations where getting a legal separation makes more sense. Examples include:
To be legally separated in Illinois, you’ll need to do the following:
When you are legally separated, you can do anything you wish except remarry. Your marriage remains valid during the period you are legally separated and can only end if you obtain a divorce or annulment
At Mevorah & Giglio Law Offices, we have experienced lawyers who can help you decide what is best for you between legal separation and divorce. Our attorneys have more than 200 years of combined experience advising and advocating for clients in a wide range of areas, including legal separation and divorce. Contact one of our experienced Bloomingdale family lawyers who can provide you with accurate information and guide you through what needs to be done. Call us at 630-932-9100 for a free initial consultation.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000
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