Although it is almost always a difficult time when a marriage ends, a divorce fraught with conflict and animosity is not the only option. Many couples elect to try a mutually formulated separation agreement first, and those who do can often—if they wish—obtain divorces sooner that those who require the court’s help to determine their rights and obligations.
If you and your spouse in Bolingbrook are looking to separate in a cooperative way, a Bolingbrook legal separation lawyer from Reidy Law Office LLC could help you list your needs and desires to engage in proactive settlement negotiations. In doing so, your dedicated family attorney could help you form a separation agreement that distributes assets and assigns obligations in a fair and equitable way.
In many aspects, a separation agreement is precisely what it sounds like: an agreement to legally separate as an alternative to—or, depending on your situation, a preliminary step towards—divorce. In order to facilitate such an agreement, you and your spouse would typically engage in negotiation regarding various elements of your marriage prior to filing for legal separation in court.
In order to be eligible for legal separation, you and your spouse must live separate and apart from each, and at least one of you must be a resident of Illinois at the time you file a Petition for Legal Separation. This is the only residency requirement applicable to legal separation in Illinois.
Once you, your spouse, or either of your respective legal separation attorneys in Bolingbrook—file your Petition in the Circuit Court of the county where you currently live, it would go to a judge for review. As long as the judge who presides over your case determines that your agreement is fair, voluntary for you and your spouse, your separation agreement would be valid and enforceable.
This method may be preferable for you and your spouse rather than a divorce, since a legal separation does not formally end a marriage like a divorce does. However, if you and your spouse do decide to divorce, a separation agreement may help you resolve your case much faster, since your separation agreement would already address most of the complicated matters involved with a divorce. In fact, many divorce cases that involve a separation agreement end with only one hearing at court.
When formulating a separation agreement, you must address every aspect of your former life and future in the separation agreement. Often, the most important consideration you must account for is the custody and care of any children.
A fully developed separation agreement in Bolingbrook may determine:
These are only the typical examples of topics that must be covered in a separation agreement. Every marriage is unique, and a qualified lawyer could facilitate a legal separation that fits both your desires and adheres to Bolingbrook and Illinois state laws.
Divorces can be contentious, but they are not the way to legally distance yourself from your spouse. Many couples in Illinois choose to split apart on either a temporary or permanent basis with a mutually agreeable separation agreement that divides assets and responsibilities according to their wishes.
A Bolingbrook legal separation lawyer could help you form an enforceable agreement for whatever reasons you wish—as a temporary measure, or as a prelude to divorce. Call Reidy Law Office LLC today at (708) 942-8428 to let our knowledgeable and unshakeable legal team get to work for you.