When married couples have trouble in their relationship, they often seek out a variety of options to improve the marriage before settling on divorce. If divorce is not quite right for you or you simply have not made up your mind about whether to commit to it, legal separation could be a better alternative option.
Some couples choose legal separation because a decisive issue has degraded their ability or willingness to reside together for the time being. Others choose legal separations because doing so has the potential to create separate finances, which could impact tax obligations.
Whatever your reason for considering a separation agreement, making the decision is easier when you understand some of the benefits and limitations of these agreements, as well as some of the basic requirements. A Will County separation agreement lawyer could help you understand more about the pros and cons of a separation agreement, so you can make an informed decision about how such an arrangement may impact you. To get started or discuss your options, consult with a family attorney today.
Possibly the most important component of legal separation is the fact that it does not actually end the marriage. Instead, it provides a framework for how spouses in a marriage will live separately. It will identify the rights and responsibilities of each party to the agreement, potentially including spousal support and child support obligations where applicable.
Usually, judges do not make property determinations when it comes to legal separation. For instance, while the details of the separation agreement might state that one of the spouses will remain in the marital home during the legal separation, the court will usually not go so far as to remove the spouse no longer residing in the marital home from the title if they are already listed on it.
750 Illinois Compiled Statutes 5/402 addresses the requirements of legal separation and can be addressed with a Will County seperation agreement lawyer.
Primarily, spouses must already be separate and living apart when the action for legal separation is filed. This does not always mean that spouses must be living in different places; simply not living together in the way a married couple typically would be enough in some circumstances.
The petition for legal separation may be filed in the county in which the filing spouse lives, the county where the spouse being filed against lives, or in the county in which the two parties last resided together. The spouse filing for legal separation must also attest that they are not the cause of the separation.
Spouses can choose to live separately without a formal agreement. However, legal separations can have many benefits. While certainly not right for everyone, they can be an effective tool in some circumstances. Determining your goal in pursuing a legal separation is an important first step, and experienced legal assistance could help you weight the pros and cons.
If you are considering legal separation or would like to explore more about how it might affect you, a dedicated and understanding Will County separation agreement lawyer may be able to help you navigate the legal process. Call today to start working with an experienced attorney who understands the role legal separation can play in both marriage and divorce.