Friday, October 15, 2010

Illinois Uncontested Divorce or Legal Separation

A divorce or legal separation, which is not contested by the other party, goes very smooth in the state of Illinois. Generally, once the petition is filed in the court and Illinois legal separation petition remains uncontested, the couple should not live together with each other for at least six months. In the other cases, the requirement of leaving apart without cohabiting is usually of two years. The hearing, which dissolves the marriage need to be attended only by the petitioner.
There is yet another form of uncontested divorce known as the default divorce. In case of default divorce, it is not essential for the respondent to respond to the petition, which results in the granting of the divorce petition.

Another form of uncontested divorce or legal separation is known as simplified divorce. The simplified divorce must meet following requirements…
• marriage should not have survived beyond 6 years
• meeting the no-fault divorce standards
• the marriage does not have natural or adopt issues or offsprings
• the wife is not pregnant at the time of filing petition
• joint filing of petition by both parties
• independence from each other for the purpose of support
• the parties to the petition have no interest in the real estate
• the value of the property in joint ownership should not exceed USD $5,000
• the gross income of either party to the petition should not exceed USD $20,000
• asset and tax information must be disclosed

The parties to the petition may appear before the court hearing through Illinois Family Law Attorneys or personally.

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1 comment:

  1. Informative read about legal separation,Basically a couple is legally separated after petitioning the court to recognize their separation.Legal separation divides the marital assets,separating the debts and assets,such as spousal support, credit card debt,social security benefits and tax benefits.