Legal Separation in Illinois
Home » Legal Separation in Illinois
Legal separation in Illinois is a process recognized by the statute if Illinois and hence, requires a document for it to be legal. After the legal separation is granted to the couple, they are still married and cannot remarry. Their status changes from 'married' to 'legally separated'.
The petitioner should not be at fault for the marriage to collapse. The residency requirement for the legal separation in Illinois is more than 90 days before the date of filing the petition. If the respondent has never been a resident of Illinois, the court cannot order him / her to pay alimony, debts or any other expenses generally awarded to the petitioner in the separation cases.
A legal separation in Illinois is different than physical separation. In order to get a legal separation Illinois a couple should be independent of each other both physically and financially. There should not be a marital relation between them and they should not be living under the same roof.
The legal separation in Illinois begins with a lawsuit to change the marital status to 'legally separated' from 'married'. This lawsuit has to be filed in the county where either of the parties reside or where your family house is. It seeks to lead separate lives and judge's order on specific issues such as child custody, visitation schedule for non-custodial parent, child support and alimony, division of property, assets and debts, etc. This order needs to be issued by the judge and contains solutions on all the above mentioned marital issues.
In the cases where children are involved, parents are encouraged to reach an agreement regarding the child custody and payments for child support and alimony. The issues such as maintenance and property division are also addressed mutually by the parents.
Marital Separation Agreement in Illinois:
During the filing of the legal separation, the spouses must be living apart from each other. As the state of Illinois requires paperwork and court appearance, it is always advisable to sign a Marital Settlement Agreement. It should be filed with the clerk at the circuit court.
This marital settlement agreement, though prepared by the husband and the wife mutually, has to be approved by the court and they can ask you to change some of the things if they find it inappropriate.
Advantages of a Marital Settlement Agreement:
According to the Illinois statute, the separation can be granted on a few grounds where the petitioner has to put the blame on the respondent in order to attain the separation. These grounds for separation are as follows:
Divorce PapersHow To File For Divorce
No Fault Divorce
Children And Divorce
Do It Yourself Divorce
Marriage And Divorce
Divorce Legal Advice
Divorce In America
Divorce Child Support