How to File for Legal Separation in Illinois

When a matrimony breaks down, it can take a long time for a couple to come to terms with it.

Illinois has one of the lowest divorce rates in the state. Nevertheless, almost two out of every 1,000 couples end their marriages.

This means losing the future you planned. It can feel like a waste matter of emotion, fourth dimension, and money invested in your partnership. If you are not ready for a divorce, you lot might wonder how to file for legal separation in Illinois.

This tin be an splendid solution if you and your spouse feel you no longer want to live together as hubby and wife. Divorce is a drastic and final move. Sometimes, you need more than fourth dimension to reflect on whether it is the right decision.

Go along reading to larn more than most the process of legal separation and how it is different from filing for divorce.

What Is Legal Separation?

In Illinois, you tin inquire a family court for a legal separation from your husband or wife.

Under this process, you are still married and cannot marry someone else. However, the courtroom will make a set of decisions that will ease the process of living autonomously. This volition include separating your finances.

During a legal separation, the court will decide what forms of financial support and maintenance volition be necessary.

Here are some examples of what you lot tin expect the court to rule on a legal separation.

  • A child custody understanding
  • A ruling on kid visitation
  • Decisions over payments of alimony and child support

If the couple wishes, they can ask the court to divide their assets. In this case, a judge will decide who pays off which debts and who gets which belongings.

After a legal separation process, yous will be free to live your own life, and your finances will be your own. Whatsoever avails or property that you may gain after beingness legally separated will not exist considered marital property.

Why Choose Separation Over Divorce?

Deciding to go a divorce can be difficult. In addition, information technology is not always the right conclusion for every couple who no longer wishes to be married.

There are many reasons why it may be beneficial to opt for legal separation rather than filing for divorce.

Religious or Cultural Taboos

While divorce is no longer as frowned upon in society every bit it one time was, at that place are still people who belong to religions or cultures which prohibit the ending of a marriage.

The Catholic Church sees marriage as eternal, and for Hindus, a divorce is rarely an option. Sometimes the want to avert divorce tin come from family or community pressures.

Fiscal Benefits

When you lot accept been married for a long time or are an elderly couple, you lot may wish to go on some benefits. Some wellness insurance policies will allow you lot to keep your spouse on equally a dependent even afterward legal separation.

You lot may also go your spouse's social security or military machine benefits if you remain married. Only be careful because you lot might also remain responsible for your partner's debts.

Some couples may benefit from being able to file their taxes equally a married couple. This can sometimes come up with taxation benefits. However, in Illinois, legally separated couples are not allowed to jointly file tax returns.

It is important to note that when yous remain married, y'all tin still make fiscal or medical decisions for each other. This is because you are still considered next-of-kin. You should consider this with care as it may not be something you want.

You Need Time Autonomously

Finally, a legal separation may allow a couple to get through a cooling-off period and brainstorm to empathise the ramifications of catastrophe their marriage. Peradventure you will likewise demand time to help your children adjust to their parent's separation and new living arrangements.

During this period apart, one partner may need financial support and maintenance.

Getting a legal separation will take intendance of these logistical matters while deciding your adjacent steps.

Who Is Eligible for Legal Separation?

In Illinois, both spouses need to agree to pursue a legal separation. If either husband or married woman objects or files for divorce instead, the process will not go forward.

If you want to file for legal separation, either you or your spouse must accept been living in Illinois for at least 90 days. If child custody is involved, your child must accept lived in the state for at least half dozen months before you file the petition.

Another requirement is that you must exist living apart when you file for legal separation.

How to File for Legal Separation in Illinois

To legally separate in Illinois, one spouse will need to file a asking with a excursion court in the county where they live. They tin also file in the canton they last lived in as a couple.

A courtroom clerk will exist able to give you the forms you need. You volition so submit these, declaring you lot are living apart and want a legal separation.

The person filing the petition volition demand to declare that the separation is not their mistake.

Y'all will take to make full in basic information about yourself and your spouse in legal separation documents.

This tin include:

  • Names and ages
  • Addresses
  • Occupations
  • Fiscal details
  • Details on children
  • Appointment of marriage
  • Separation date

In Illinois, the petition volition be served on the other political party to the marriage, along with a summons to attend a hearing. The person receiving these documents will have an opportunity to file a written response.

During the hearing, a estimate volition heed to both parties and rule on the different problems they raise. If the couple has come to an agreement before the hearing, the judge will review this and grant the legal separation.

If the couple cannot agree, farther hearings may be necessary with a lawyer for legal separation.

Can You lot File for Divorce After Separation?

While many of united states of america dream of a happy ending, statistics show that most couples who separate will go on to divorce. Accepting that your marriage is in problem or that you are no longer compatible is a big conclusion.

So a reversal of the decision to end the relationship is unlikely.

If you are legally separated, there is nothing stopping you from filing for divorce. You may wish to exercise this to make a clean break from your spouse. Or, you lot may want to re-marry and build your life with someone new.

To seek a divorce, you will file a petition to end your spousal relationship in the same way you would have if you had not been legally separated.

Under Illinois divorce laws, you practice non have to bear witness that your spouse was somehow at fault or guilty of something that acquired the marriage to finish. Y'all only need to state that there are "irreconcilable differences."

This means that the marriage no longer works and is beyond repair.

If y'all already take a legal separation, this will prove that the wedlock has broken down.

If you and your spouse nevertheless agree on the terms of your separation, this should be piece of cake to resolve during the divorce. However, if you lot wish to revise and change the terms of maintenance or child custody, the process could accept a picayune fleck longer and crave additional hearings.

Divorce mediation is e'er a good solution when you try and agree on the terms of your final separation.

What if We Reconcile After Separation?

Spending time apart can sometimes show couples that they want to work on their marital problems. Mayhap you will gain clarity on what went incorrect and seek therapy that leads you to reunite.

If you practice decide to give your marriage some other run a risk, your separation agreement volition more often than not exist considered void. The best matter is to consider the chance of reconciliation when cartoon up the agreement.

You can include provisions that would clarify what will get of the agreement if you get dorsum together.

Go Legal Advice About Your Separation

Nobody walks downwardly the aisle and builds a life together believing it will all cease in divorce.

Divorce might go confronting everything you believe in, or yous might just need more time to accept that your relationship is over. Now that you know how to file for legal separation in Illinois, you lot can come across that you have other options.

Legal separation tin allow you lot to live apart without the finality that comes with divorce.

Contact u.s.a. if you are considering separation and need legal communication.

Looking for a Divorce Lawyer?

Allow united states Help you take that side by side step, call usa today for a free consultation at Prime number Police Group, LLC.

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