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Legal separation in Illinois

There are reasons why many people in the Peoria area may not want to go through the process of a ending a marriage even though they recognize the need to live separately from their spouses. For some people, moral or religious convictions make them reluctant to divorce, while in other cases, financial considerations, the good of their children or even personal emotional concerns may be paramount.

In still other cases, an Illinois couple may opt for a legal separation because they do not need to establish residency in this state or undergo a waiting period before getting one. A couple will, however, actually have to be living separately at the time the request for legal separation is filed.

It is important to note a couple of points with respect to legal separations in Illinois. For one, as is the case generally, a legal separation does not end one's marriage. This means that the couple will not be able to re-marry while they remain legally separated.

On another point, a court hearing a legal separation will only handle the allocation of parental responsibilities, child support and spousal maintenance. The court will not decide issues regarding the division of property. On the other hand, if the couple can come to an agreement among themselves about how to divvy up martial property, the court is able to review and approve that agreement.

Going through a legal separation may be a viable option for many Illinois couples, although they should strongly consider discussing the option with their experienced family law attorneys before making any final decisions. Likewise, a family law attorney may be an important part of a person's team who will work together to secure his or her rights and protect his or her interests.

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