In order for the court to declare a legally separated couple, certain conditions must be met. First, the couple must live physically separately. Second, the petitioner must prove that he is not the cause of the separation. Third, at least one spouse must reside in Illinois for the court to have jurisdiction. Discuss your expectations: You can use this separation period for self-reflection, while your spouse can take advantage of this time to see other people and measure their feelings. There is no « correct » or « false » answer, but you must be aware of your intentions with your spouse so that you are both familiar with the agreement and can avoid any misunderstanding about the process. If a marriage partner leads to wasted and harmful practices that threaten the financial stability of the family, then marital separation will protect the property by dividing it into two classes. Assets acquired after separation are not claimed by the other party, while debts are not distributed to the other party after the court`s decision comes into force. Marriages remain effective, but the couple will live separately. Couples who have problems can separate for a certain period of time to see if this improves their relationship. Sometimes disintegration is a better option than divorce. In Illinois, spouses can enter into a court-authorized separation agreement that allows them to live independently of each other, both physically and financially. However, this legal process does not end the marriage.
A separation can sometimes be simpler and less costly than a divorce as long as a couple agrees on the terms. Depending on the circumstances, a separation after separation could be a better outcome for you and your family than a divorce. Talk to a competent family lawyer in DuPage County to discuss the differences between the two options before proceeding with legal action. Call our office today at 630-653-9400 to arrange a free consultation and find out if a body separation is best for you. Whether you are considering a separation without dissolution or divorce, it is important to understand the impact that both have on your family.