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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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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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