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July 14, 2021#

Creative Solutions for Couples: Understanding Legal Separation in Illinois

If you’re looking for a unique approach toward a highly technical subject, then ideacreative.com is for you. Inspired by that very site, I bring you a practical analysis of a legal concept in an engaging format: Divorce is often the first word that comes to mind when thinking about legally ending a marriage. However, there is another option available in Illinois which can be used as a pacifying middle step between remaining married and legally terminating your marriage. This option is known as legal separation. Here are some creative insights into legal separation in Illinois which will help you become educated about the concept so you can make informed decisions about whether it is right for you.

How is legal separation different than divorce?

Legal separation is not the same as divorce. If you and your spouse decide to legally separate, then you must still go through all the steps associated with divorce to obtain the legal separation. However, you do not completely sever your marriage. At the same time, you do not remain under the legal constraints of the marriage as if nothing is wrong. In every way except moving on with your life or terminating the marriage as a legal entity, a legally separated couple is still bound by all the provisions of their marriage.

Are there any special considerations in Illinois when obtaining a legal separation?

For some reason that is unclear, although most states have clearly defined statutes for obtaining a legal separation, Illinois does not have any specific family laws related to the process of legal separation.

What makes legal separation a good option for couples?

In some circumstances, legal separation may be the best choice. If both spouses are in agreement that they want to remain married but they need to live in separate residences in order to lead more stress-free lives, the process of legal separation can be used to separate out the couple’s things in the same way as divorce would. Because divorce can be stressful, legal separation can help alleviate those stresses while allowing the couple to take some space from each other while keeping the marriage alive.

What are the advantages of obtaining a legal separation rather than a divorce?

A legal separation can save a considerable amount of money in legal fees. Because the process is so similar to divorce, the expenses for obtaining a legal separation are almost identical to the fees associated with filing for divorce. However, a divorce is more final, and so a couple filing for divorce would need to embark on a process of relocating, splitting assets, and more. In many cases, the cost of ending a marriage is more than a couple can afford to pay. Legal separation can be the right solution if you find yourself in this situation.

How does legal separation work?

If you decide to proceed with this option, the process is really not much different than divorce. To initiate it, you would file a petition for separation with the appropriate court in your area. In the petition, you would essentially enumerate the reasons why you believe that it is in your best interest and/or the best interest of your children to legally separate from your spouse. It is highly advisable to work with an attorney when preparing a petition for separation, and the petition must be served on your spouse.

The court can then issue what is known as a separation agreement which can cover all of the issues that would also be discussed in a divorce case. There usually are not any issues that can be filed without an attorney, however, and certainly it is best practice to work with an attorney throughout the process of legal separation.

How do personal matters fit in with law?

As with other creative outlets, such as materials for a presentation or a blog, the inextricable nature of personal issues when dealing with legal concepts continues to fly in the face of the law. Solutions to common problems can come in so handy with a creative thought process to boost engagement. Dealing with the emotions of family law, we have to acknowledge that we have our own style. And as today’s style is less free and looser than yesterday’s style, we have creative firm management to thank for a rapid ascent of unique and persuasive lawyering which can deliver results. While it is important not to lose focus on client needs, there can be a lot of creativity involved when serving those needs as well. And each collaborative point, each unique solution, can continue to make addressing law more creative.

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