Recently in Legal Separation Category

Marriages end for a variety of reasons, and when they do most people immediately think about divorce. But there's also the option of a legal separation.

By legal separation we don't mean the idea of taking some time apart to see how things go. That's what most couples do before they actually file for divorce.

A legal separation is a more permanent arrangement. It's what happens when people decide the romance in their marriage is over, but have reasons for not wanting a divorce. What reasons are there for staying legally married when you don't want to be together?

We had earlier written about divorce in Illinois. And so now you know that it's not that easy. At the minimum you have to live apart for six months if you don't have a specific grounds to seek divorce, and in this case, both partners would need to agree. Otherwise, you have to wait two years.

However, some couples can seek to invalidate the marriage, thereby making the marriage invalid from the very start (negating the need for a divorce). Annulment of marriage in Illinois can be complicated and there are specific requirements for who can declare their marriage invalid and when.

Sometimes married couples just need a little time apart when they are not sure whether or not they ultimately would like to end the union. The process of a legal separation can help insure that each party continues to do their part to maintain the family structure, as explained by the Chicago Bar Association (CBA).

CBA describes legal separation as follows:

Legal separation is a formal arrangement set forth in an order or judgment approved by a judge. The order or judgment will set forth rules under which a husband and wife may legally live apart and will detail the responsibilities and obligations of each.

It is not necessary to hire an Illinois family lawyer, but it is advised for anyone with additional questions or special circumstances.