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Summary of Illinois Separation Law |
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In Illinois, a “legal separation” is not necessary if parties are planning on divorcing. A legal separation is, however, generally an effective permanent alternative to divorce. One reason a couple might enter into a legal separation might be that they wish to avoid an actual divorce for religious reasons. A legal separation is generally similar to a divorce with the important exception that the spouses may not remarry if they are legally separated.
Legal separations are filed in a court just like a divorce. Courts may divide property, award alimony (called “maintenance” in Illinois), and award child support. It is possible to convert a legal separation to a divorce, however important legal considerations should be considered and it is best to speak to an attorney about this.
A couple can also agree to a trial separation, which is different than a legal separation. If doing so, it can help to have a written agreement that covers various terms of the trial separation such as duration, property issues, and issues pertaining to children. It is best to consult with an experienced attorney in drafting such an agreement.
To fully understand divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is important to check to see if laws are up date. For these and other reasons, it is always best to consult with a qualified family law attorney. The legal information on this website is not intended as legal advice and should not be relied on as such. It is intended only as an introduction to the way that the law functions in these areas.
Checked OutDivorceLawyers.com is a great way to find
Illinois divorce laws, including grounds for divorce and other legal information.
It's also the best way to find qualified Illinois separation lawyers, Illinois divorce lawyers, and Illinois alimony lawyers.
To find a checked out Illinois separation, divorce, or alimony lawyer, enter your city and state, above, and click "Find My Lawyer."
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