What Are the Requirements for a Legal Separation in Illinois?

 Posted on December 00,0000 in DuPage County divorce lawyer

There are many reasons why couples get divorced, but often it takes a lot of time and contemplation to get to that point. Before it is decided that divorce is the best option, couples often go through a period of uncertainty about whether or not they actually want to legally terminate their marriage or if they just want to “call it quits” for a while. During this time, some couples choose to separate themselves by living apart and also being financially independent of each other. These are the basics of an Illinois legal separation, though it is not enough to just say that you are separated. You and your spouse must take several steps before the state will view your separation as legal.

Requirements for a Legal Separation

If you are considering obtaining a legal separation in Illinois, there are a few requirements that you must meet. First, you or your spouse must have been a resident of Illinois for at least 90 days. Then you will have to file a petition with the court in the county in which either you or your spouse lives or the county in which you and your spouse last lived together. In the petition, you must be able to prove that you and your spouse live separately from each other.

Why Choose Legal Separation?

A legal separation is similar to a divorce in many ways. When the court declares you separated, it will also address issues such as spousal maintenance, as well as child-related issues such as parenting time and child support. For some people, a legal separation is a chance to reconcile after some time apart because it is not permanent. For others, legal separation is a way to protect their finances during a long and contentious divorce. A legal separation is also an option for those who cannot get a divorce because of cultural or religious reasons.

Contact a DuPage County Divorce and Family Law Attorney

Though there are similarities between a divorce and a legal separation, it is important to understand that a legal separation is not the end of your marriage. If you are contemplating whether or not you should get a divorce, you should contact a skilled Aurora legal separation lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you determine whether or not a divorce or legal separation is in your best interests. Call our office today at 630-409-8184 to schedule a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000