Illinois Legal Separation involves a married couple staying legally married but living separate and apart from each other.
Absent extraordinary circumstances, the north suburban Chicago family law attorney of Sylvester Law Firm does not recommend this approach.
A married couple is free to move apart from each other and stay married, but only the Illinois divorce courts can grant a valid Illinois legal separation.
There are limited circumstances in which it makes sense for a couple in a “broken marriage” to obtain an Illinois legal separation as opposed to an Illinois divorce. Following are a couple of those circumstances ...............
1. the spouse who receives health insurance through their spouse's workplace has a pre-existing medical condition and will not be able to obtain private medical insurance on his/her own if the couple obtains a divorce; and
2. to achieve Social Security, military and tax benefits.
Just as a Marital Settlement Agreement controls the terms of a divorce, a Legal Separation Agreement controls the terms of a legal separation.
The Legal Separation Agreement should address at least the following issues...............
1. alimony (spousal maintenance);
2. child custody (custodial custody and legal custody);
3. child support;
4. child visitation;
5. property division; and
6. division of marital debts.
A married couple must be living separate and apart from each other before an Illinois divorce court will issue an Order for Dissolution of Marriage.
However, Illinois family law does not require a married couple to have been living separate and apart for a minimum period of time before an Illinois divorce court will issue an Order for Legal Separation (unlike the Illinois divorce context).
The process of obtaining an Illinois legal separation is not as simple as it may sound. You should only work with a Chicago divorce and family law attorney who can skillfully navigate you through the Illinois legal separation process.
The Wilmette, Glenview, Northbrook and Skokie divorce attorney of Sylvester Law Firm has the experience necessary to make sure you are protected at each stage of the Illinois legal separation process.
You are welcome to call the north suburban Chicago family law attorney of Sylvester Law Firm at (847) 251 – 2999 or e-mail him at pss@sylvesterlawfirm.com to get answers to your important questions related to legal separation and Illinois family law.
