Some religions prohibit or despise divorce. Legal separation allows a couple to live independently while remaining legally married. If you are legally separated, the court still prescribes things like child support, custody, and spousal support. However, since you are legally married, you may be able to claim certain benefits, such as staying on health insurance or receiving Social Security benefits. In this article, we explain legal separation in Illinois, including: What is legal separation?, What is the difference between legal separation and divorce? and what are the requirements for legal separation in Illinois? We also explain the legal separation process in Illinois as well as the benefits of legal separation over divorce. During legal separation, the court decides what forms of financial support and maintenance are needed. A party seeking legal separation is not bound by Illinois` residency requirements. A spouse who is separated through no fault of his or her own may file an application for legal separation and acquire the same remedies as those available to the person applying for divorce. This application may be filed in the other spouse`s district of residence or in the county where the applicant lives if the other spouse cannot be found. Filing taxes together saves many couples money. For this reason, some couples choose to separate legally so that they can continue to enjoy it. In Illinois, however, you can only file together if you submit on September 31.
December of the calendar year were still legally married. Legal separation is a legal remedy in Illinois that allows couples to legally resolve financial and parental issues while living separately and separately, without the purpose of divorce. Legal separation is different from physical separation, where the couple simply lives apart. In the case of legal separation, unlike physical separation, the court makes an order legally binding the parties to the terms of the separation. Spending time apart can sometimes show couples that they want to work on their marital problems. You can clarify what went wrong and seek therapy that will lead you to the meeting. Legal separations are rare in Illinois. That`s because it solves many of the same problems as a divorce, the only difference being that you`re still legally married. It`s important to note that just because you live apart from your spouse doesn`t mean you`re automatically legally separated. Legal separation is different from separation.
Whether you`re considering legal separation or divorce, it`s important to understand the impact of both on your family. Hiring an experienced family law attorney from DuPage County who can explain the nuances of separation, divorce, custody, and spousal support will make the process much easier and lead to faster settlements. At The Stogsdill Law Firm, P.C., we know how to navigate even the most complex family law matters. We understand the emotional and financial burden of legal separation or divorce and engage our clients to understand what is happening every step of the way. Even if you are only considering divorce at this time, contact our law firm in Wheaton, Illinois at 630-462-9500 to protect your legal rights and assets and to learn more about your remedies. For this reason, some couples choose to legally separate until the ten-year threshold is reached. When it seems to the spouses that their relationship is incompatible, most opt for the simple option: file for divorce. But what if you don`t want to decide something in this final? In addition, some (but not all) health insurance plans allow you to continue receiving benefits if you are legally separated, but not divorced. In addition, Social Security benefits and military spouse benefits generally do not occur unless a couple has been married for ten years. In Illinois, you don`t need to be legally separated before you divorce. Some couples choose to separate legally so that they can continue to live in the same household and pool their resources.
In other words, they each have their own “separate” areas in the house without living separately to save money. NOTE: Legal separation does NOT end a marriage. Even if a judgment of separation has been issued, the parties remain legally married, unless and until a judgment of dissolution is registered. However, the court may, where appropriate, assist the other party in accordance with a proper request and notice. Sometimes a couple will not legally separate instead of divorcing, but will do so as part of a divorce. Sometimes, if a couple has not completed certain aspects of a divorce but would receive financial benefits from the separation before the end of the year, a lawyer can push for a legal separation while the divorce is still ongoing. In order for the court to declare a couple legally separated, certain conditions must be met. First, the couple must live physically separated from each other.
Second, the applicant must prove that he is not the reason for the separation. Third, at least one spouse must be an Illinois resident for the court to have jurisdiction. What is considered legally separate in Illinois? In Illinois, you are legally separated when a court makes an order stating that you live separately and separately through no fault of your own. To file for divorce, you will file a petition to end your marriage in the same way you would have if you had not been legally separated. After a divorce, a spouse usually loses access to health insurance and other benefits. For this reason, some couples may choose to separate legally in order to live independently without losing these benefits. Couples who have problems that cannot be reconciled may need to divorce immediately. However, filing a legal separation petition can be a viable alternative, even if you think you`ll eventually file for divorce. A little time apart gives you perspective, gives you time alone while your kids visit their other parents, and gives you the opportunity to decide what you really want.
Legal separation is less emotionally burdensome than divorce because it does not have the permanence of a divorce and at the same time allows the legal relationship between the parties. While the most common approach to resolving seemingly irreconcilable differences between married couples is divorce, legal separation is another, less permanent option that some people are considering. Being physically separated from your spouse and being legally separated from your spouse are two completely different things; In case of legal separation, you live separately but still legally married. The court can order separation and also include aspects such as child support and custody arrangements for the period of separation, such as a court for a divorce. Hiring an effective lawyer who is knowledgeable about family law and can help you explain this process is the best way to ensure the best possible outcome given your family`s unique situation. A divorce means that the marriage is legally over. Ex-spouses may marry other people. The court may determine the allocation of parental responsibility, parental leave and maintenance of the child.
It can also determine spousal support and divide property. Spouses of military personnel who have been married for ten years or more are entitled to certain benefits under the Uniformed Ex-Spousal Protection Act. [1] As with Social Security benefits, some spouses choose to remain legally married until they reach the ten-year mark. In Illinois, legal separation is a court-recognized arrangement in which separated spouses agree to live independently of each other, both physically and financially. Legal separation does not end the marriage. The spouses are still married and can only remarry if they divorce first. The separated couple must obtain a court judgment indicating the new legal status of the separation, as well as the terms of the routine. Divorce resolves all problems arising from the conjugal relationship, including the division of property and debts, as well as custody, parental leave and maintenance, and terminates the marriage; Legal separation deals with the same issues without ending the marriage. How long can you be legally separated in Illinois? In Illinois, there is no time limit for legal separation. If you and your spouse wish, you can be legally separated indefinitely. Conversely, there is no time when a legal separation automatically leads to divorce. Once a divorce becomes final, most employer health plans no longer cover the ex-spouse.
Depending on the health plan, legally separated couples can maintain their existing coverage.
