Subscribe to this list via RSS Blog posts tagged in alternatives to divorce

IL divorce lawyerGetting a divorce, or dissolution of marriage as it is called in Illinois, is not reversible. Some married couples who are having relationship problems may know that they want some space apart, but they are unsure of whether or not divorce is the right choice. This is just one situation in which a legal separation may be beneficial. Couples who get a legal separation are still technically married so if they choose to reconcile, they will not be required to get remarried. If they do not decide to continue the marriage, divorce is still an option. Most importantly, legal separation offers married couples a way to address issues such as property division, allocation of parenting time and responsibility, and spousal maintenance without the finality of divorce.

Illinois Separation Process

It is important to note that there is a difference between a physical separation and a legal separation. A married couple is not legally separated until they are granted a separation through the court. In order to be granted a legal separation in Illinois, at least one of the spouses must have lived in the state for a minimum of 90 days and the spouses must be living apart. If a spouse wishes to file for separation, he or she will need to file a petition for legal separation and a summons with their county’s Circuit Court. The petition and summons is then served to the other spouse and a date for a hearing is set. If the spouses have already resolved issues such as the allocation of parental responsibilities, child support, division of assets, and spousal maintenance through a separation agreement, the judge will likely grant the separation after this initial hearing. If the parties have not reached an agreement about one or more of these issues, they may need to attend an additional hearing. The authority of Illinois courts to divide assets and liabilities during a separation is much more limited than it is during a divorce. The court can only include asset division in the order for legal separation if the spouses have reached an agreement regarding how their assets and debts should be divided.

Benefits of Legal Separation

There are many different reasons that a couple may choose to get a separation instead of a divorce. Some couples are simply not sure whether or not they are ready to divorce. Other spouses get a legal separation in lieu of a divorce because divorce is prohibited by their religious or cultural beliefs. A spouse may also choose to stay married and obtain a separation so that he or she can still receive benefits such as social security, health insurance, or pension benefits. A legal separation is an effective way for a married couple to separate their finances and resolve issues such as child custody without ending the marriage. If you are interested in learning more about the legal separation process in Illinois, contact an experienced divorce lawyer.

Contact an Illinois Family Law Attorney

Legal separation does not end a marriage. However, it does allow spouses to resolve issues including property division, child custody, spousal maintenance, and more. To discuss whether or not a legal separation is right for your unique situation, contact Shaw Family Law. Call our office today at 630-584-5550 and schedule a free, confidential consultation with a seasoned St. Charles divorce lawyer.

 

...

IL divorce lawyerWhen married relationships are no longer working for either spouse, most couples separate for a period of time before seeking out divorce. Most states require a couple’s separation, that is living under separate roofs, for a specific period of time before divorce can be initiated. The purpose of this forced separation is to allow each spouse to see what their life would be like without their significant other in order to decide if this is the best choice for them. While divorce is one of the most common answers if a couple is unhappy in their marriage, legal separation is also a valid response.

Legal Separation

If a couple is considering separation for a long period of time, a written agreement regarding their assets, debt, alimony payments, child custody, and visitation rights is advantageous for both spouses. While living under separate roofs and leading different lives may seem like a good way to move on, without legal documentation both spouses are still on the hook for the other’s finances. This includes debt incurred by either spouse.

Many couples decide to become legally separated for financial reasons as separation can have financial benefits for both parties. Some couples will use a legal separation agreement to reach the 10-year marriage requirement for social security benefits. If a marriage has lasted 10 years, a divorced spouse who has not remarried is eligible to receive such benefits later in life. Continuing under the same health insurance is also another advantage of legal separation. Many businesses will continue covering a separated spouse; however, it is crucial that you check the fine print of your healthcare plan as this is not always a guarantee. Legal separation can also lead to potential benefits when filing taxes. Sometimes couples, or ex-couples, can save money by filing their taxes jointly. This is also not always a guarantee but can be better determined with the help of an attorney.

Divorce

Divorce agreements include much of the same details regarding assets, debt, alimony payments, child custody, and visitation rights, yet all ties between the spouses become severed. Divorce agreements are also immutable. Once the papers are signed by both parties, the marriage is officially done. Divorce is most common because many couples wish to meet someone new after the ending of their marriage. If a couple is legally separated, they cannot get remarried and remain separated. A divorce is required. Many opt for divorce in order to completely disconnect themselves from their spouse and move on from their previous marriage.

Contact a St. Charles, IL Family Lawyer for Help

Divorce is a common result of unhappy marriages everywhere. However, many couples opt for legal separation because of the personal and financial benefits. Simply living in different houses does not qualify as legal separation. Couples must seek out an experienced legal separation attorney to hammer out the details. If you are looking to formulate a legal separation agreement, contact a skilled Kane County legal separation attorney for professional help at 630-584-5550.

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
*
AVVO LL BV