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IL family lawyerFor many married couples, it can be hard to know when to officially call it quits. Many couples consider divorce for months or even years before they make the decision to end the marriage. You may find yourself in that situation now. Perhaps you are unhappy in your marriage but you still hope that things can change. In situations like these, many couples decide to undergo a “trial separation.” If you are interested in temporarily separating from your spouse, it is crucial that you know the potential legal and financial ramifications.

An Information Separation Is Not a Legal Separation

People often use the word “separation” in reference to both living apart and getting legally separated. However, these are two completely different situations in the eyes of the law. If you are living apart from your spouse, this alone does not change the status of your relationship. A legal separation, on the other hand, involves a legal action. If you get legally separated, you and your spouse will formally decide on issues like the division of assets and debts, parenting time and parental responsibilities, child support, and spousal support. You can reach an agreement about these issues outside of court, or if you cannot reach an agreement, the court will hand down a decision. The only issue that Illinois courts cannot determine during a legal separation is property distribution.

An Informal Separation Can Leave You Vulnerable During Divorce

If you and your spouse decide to live apart for some time while you work out your differences, you should know the impact this can have on your finances and your potential future divorce. Simply living in separate homes does not afford you legal protections the way a legal separation does. For example, if your spouse racks up a great deal of debt during the trial separation, you could still be on the hook for repaying it. Courts also cannot enforce any informal arrangements you make about child support or spousal support.

You should also know that the child custody arrangements you decide on during the trial separation can influence future child custody decisions if you divorce. Illinois courts aim to make divorce as easy on children as possible. This means that they are more likely to favor the “status quo” as opposed to a new custody arrangement. For example, if your spouse kept the children during the school week during your trial separation and you decide to divorce, the court may favor keeping the custody arrangement the same.

Contact a St. Charles Divorce Lawyer

If you want to learn more about legal separation or divorce, contact Shaw Family Law, P.C. A Kane County family law attorney can help with matters related to child custody, property division, child support, and more. Call 630-584-5550 for a free, confidential consultation.

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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.

 

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Posted on in Divorce

IL divorce lawyerLegal separation is one way that a married couple can live apart, manage parenting issues, and isolate their finances from the other spouse without getting divorced. There are a great number of reasons that a couple may choose to get a legal separation. Separation offers many of the same benefits as divorce, but unlike divorce, separation is reversible. Only you can decide whether or not legal separation is right for you. If you do decide to separate, make sure to understand your rights and responsibilities regarding separation under Illinois law.

Why Do Married Couples Become Legally Separated?

In some cases, a couple knows that there are major problems in their marriage, so they separate for a period of time in order to work on these problems independently. Other times, a couple separates because they are not ready for the finality of divorce but they want to live apart and divide their parental responsibilities and finances until they decide if divorce is the next step. Some religions prohibit divorce, so members of those religions who do not want to live with their spouse get a separation in order to gain some of the benefits of divorce without actually ending the marriage. There also may be tax, social security, and health insurance-related advantages to remaining legally married. Legal separation can also be a great way to protect your finances from a spouse you are currently in the process of divorcing.

Requirements for Legal Separation in Illinois

If you want to file for a legal separation in Illinois, there are a few prerequisites you should be aware of. In order to qualify for separation, either you or your spouse must have lived in the state of Illinois for at least 90 days. For the court to determine the allocation of parental responsibilities and parenting time, your children must have lived in Illinois for at least six months. You must also be living physically apart from your spouse in order to qualify for legal separation. It is very important to note that physical separation is different from legal separation. You may be living apart from your spouse, but you are only legally separated if you request a petition for legal separation and are granted a separation through the court. If you later decide that you want to get divorced, you can file a request with the court to convert your separation into a divorce.

Contact a St. Charles Family Law Attorney

Legal separation offers many of the same advantages as divorce. Legal separation allows you to divide your finances, parental responsibilities, and manage spousal maintenance issues. However, separation does not formally end a marriage the way divorce does. If you have further questions about separation or divorce, want to formulate a legal separation agreement, or have other family law needs, contact Shaw Family Law, P.C. Schedule a consultation with an experienced Kane County legal separation lawyer by calling us at 630-584-5550.

 

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