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Kendall County family law attorney legal separation

If you and your spouse are considering filing for divorce, it is unlikely a rash decision. Most couples will notice their relationship falling apart for months, or even years, before bringing up the idea of divorce. Couples will then typically live apart, also known as separation, for a period of time before deciding that divorce is the proper next step. Living separately for an extended period of time can be a good idea before filing for divorce, and some couples may choose to become legally separated as well. This will allow both you and your spouse to fully consider your options and truly understand what life would be like without your spouse. But what about those who cannot financially afford to move out on their own? Is separation required before filing for divorce in Illinois?

Irreconcilable Differences

Depending on the state that you live in, you may need to provide a reason or form of proof for ending your marriage, such as infidelity. Illinois only allows couples to file for divorce due to “irreconcilable differences.” In other words, you do not have to give a specific cause for your ending relationship other than stating that your marriage has broken down beyond repair. Before 2016, Illinois law required couples to live separate and apart for two years before a divorce could be an option. If the couples agreed that they faced irreconcilable differences after six months of living separately, this two-year separation term could be reduced to just those six months.

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Batavia family law attorney prenuptial agreement

When you hear the word “prenuptial agreement” or “prenup” you are likely picturing high-dollar celebrity divorces that you have seen splashed across the pages of magazines near the grocery store checkout line. In the past, prenups may have been reserved for the rich and famous, with the thought that the Hollywood industry would destroy their marriage and leave them with a hefty amount of combined assets to divide. This is one of many false ideations that continue to surround prenuptial agreements and drive couples away from signing one. In reality, prenuptial agreements have become commonplace over the past few decades as couples are deciding to get married at an older age with larger cumulative assets to bring to the table. With divorce statistics continuing to sit around 50 percent, it is important that couples are fully informed about prenuptial agreements and consider their legal options before saying, “I do.”

Prenuptial Agreements Are Only for the Wealthy

As described above, many still believe that prenups are reserved for the rich and famous. In today’s world, this is far from the truth for a number of reasons. Because couples in the past got married at a much younger age, many of these individuals came into their marriages with hardly any savings or assets. Now that many couples are waiting to tie the knot at a more mature age, they are bringing significantly more debts and assets into the marriage than ever before. Signing a prenuptial agreement is a way to protect both yourself from losing your lifelong savings and your spouse from being saddled with your debt in the instance of divorce. Another reason that divorce rates have risen, and thus the need for a valid prenuptial agreement, is an increase in gender equality. In the past, when women lacked the social ability to earn a liveable wage and support themselves independently, divorce was not a valid option. Now that society has modernized and equality between men and women in the workplace has improved, women are more able and willing to file for divorce if necessary. This increased possibility for divorce is yet another reason why prenups have become more common.

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Kendall County family law attorney legal separation

Many couples decide to separate before they fully commit to a divorce. However, simply moving out of one's shared household is not enough to make a separation official. In many cases, couples in Illinois will want to take steps to protect their rights by filing for a legal separation. This will allow them to consider many of the issues that will be addressed during divorce, such as the allocation of parental responsibilities and parenting time, spousal support, and property division, but they will continue to be legally married after the separation. Although this may sometimes be the first step on the road to divorce, some partners will decide to remain separated rather than get divorced due to the financial benefits a legal separation can offer them and their children.

Can a Legal Separation Save Me Money?

One of the main reasons why couples will decide to remain separated rather than divorced is the financial benefits that come along with remaining legally married. Reaping the benefits while separated may not be a long-term plan, but it can help you save up for a divorce in the future if you do not have the funds at the moment. Here are a few advantages to obtaining a legal separation instead of a divorce:

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