Wednesday, September 8, 2010
How the Legal Process Works regarding Illinois Legal Separation
Legal separation is a legal process where a married couple may formalize a separation but are still legally married before the law. To file for Illinois legal separation, the filing individual must have been a resident of Illinois for not less than three months or 90 days on the day the request for separation is filed. The appeal is filed before the court of law for a legal change in status. After the legal separation is enacted, the individual’s status is changed from “married” to “legally separated”.
After the separation takes effect, the court requires the couple to live in separate residences. If you are thinking of applying for legal separation, it would be helpful to ask for legal counsel from Illinois Family Law Attorneys so that you know the necessary steps you have to take to legalize the separation. Some couples that do not believe in divorce opt for legal separation instead.
While legal separation, in many cases, lead to divorce, there are some who eventually reconcile and decide to give their marriage another try. In the event that a couple decides to get back together, no legal papers or procedures have to be followed. They can just simply get back together. However, in the event that the couple decides that they want to officially end the marriage, then legal separation may lead to divorce. Keep in mind that child custody for legal separation is not the same as child custody procedures for cases where divorce is involved. In most cases, legal separation is not an end in itself but a temporary solution before divorce is finalized.