A legal separation in Kankakee County refers to an agreement that formally states a married couple is no longer together but does not actually end the marriage in the way a divorce does. However, it can separate a couple’s assets and property. A knowledgeable divorce attorney can help you determine whether this is the right option for you.
As defined by Kankakee County law, a separation agreement is when the parties are married and decide they do not want to be together anymore. A separation agreement is a document entered in court that says the parties are legally separated. It could be used as a precursor to divorce or it could be instead of formally divorcing. For example, the couple could want to get divorced but do not want to make it a legal divorce. Religion is a common reason for people deciding not to formally divorce.
However, it is often used when dividing property in a divorce since there is marital and non-marital property. Anything acquired during the marriage is generally considered marital property. Often, a legal separation would say that any property accrued following the legal separation is non-marital property.
The requirements for a valid separation agreement depend on the type of agreement. However, generally, it is going to have to be signed and have some sort of validation stating it is authentic and that neither party was coerced into signing.
The terms of separation agreements in Kankakee County vary, because the parties could put whatever is important to them in agreement. An attorney can help the parties determine what they want to include in an agreement.
There is no requirement for how long Kankakee County couples must be separated before being able to file for a no-fault divorce. However, they have to be separated six months prior to the divorce being finalized. The date of separation is established by one party choosing it. They do not even have to live in separate houses.
Separation tends to lead to more civil ways of dispute resolution, even when the couple still decides to get divorced. If they have a valid separation agreement and there have not been any significant changes, it is a matter of getting final approval from a judge.
The role of a separation agreement in the context of collaborative divorce is to make it a more cooperative process. It is trying to get the parties to agree without litigation, without incurring the cost of paying their attorneys to go to court, and without spending hours poring over documents and fighting over an issue. It is similar to mediation in that they are outside of court. Unlike mediation, each party has an attorney advocating for them, but they are working with the other side.
Legal separation is available to couples in Kankakee County who wish to formally separate but either do not want to or are not ready to file for divorce. A well-versed attorney can guide you through the process of creating a separation agreement that meets your needs. Call Reidy Law Office LLC today to get started.