DuPage County Legal Separation Attorneys
Experienced Legal Separations Lawyers Serving Wheaton, Downers Grove and Naperville
When couples are dealing with serious (and possibly irreconcilable) differences but are not yet ready to divorce, a legal separation can be a viable alternative. Legal separations are similar in many ways to divorces, but the process is less complicated because it does not involve the dissolution of the marriage. If you are facing marital challenges and need skilled guidance on your rights and legal options, it is important to speak with a qualified family law and divorce attorney to help determine your next steps.
At Momkus McCluskey LLC, our family law group has extensive experience handling all matters related to separation and divorce. We handle even the most complex divorces, involving family owned businesses, tax consequences, children with special needs and similarly complicated issues. Our team is responsive and compassionate and we work closely with our clients to develop the most practical solution based on your specific needs. Some clients opt for legal separation because it can accomplish most of the same outcomes as divorce by utilizing a more expeditious proceeding.
Legal Separations in Illinois
A legal separation is often used in cases when the future of the marriage is uncertain. For example, if the couple is considering a divorce, separation can be used to give them space to work out their issues. Separation may also be a good option if the couple does not want to divorce for religious or cultural reasons. Sometimes separating can lead to reconciliation while at other times the end result is permanent separation or divorce.
Some of the issues that can be addressed during a legal separation include:
The one major difference with a legal separation is that because the marriage is not officially dissolved, neither spouse is allowed to get remarried. However, since most of the other issues would have already been dealt with, separation can help clear the way for a smoother and easier divorce proceeding down the road.
Legal Separation Requirements
Neither spouse has to prove that the other is at fault to petition for legal separation in Illinois. However, there are other requirements that must be met:
- The spouses must be Illinois residents for at least 90 days prior to filing.
- The spouses must be living apart from each other at the time of filing.
- The non-filing spouse must be served with notice of a separation proceeding.
If one spouse does not agree to the separation, they may dispute the petition by responding and defending their position. In such cases, the family court weighs the opposing legal arguments and decides the case. However, if both spouses agree in advance to the separation, a separate agreement can be drafted to address the specific terms and conditions which the judge needs to approve.
If you and your spouse are facing difficulties and you believe legal separation may be the right choice, contact Momkus McCluskey LLC today at 630-434-0400 for a consultation. One of our family law attorneys will sit down with you to discuss your specific circumstances and advise you of your rights and options. Our team of experienced and compassionate legal separation attorneys provides advice and counsel to clients in DuPage County, Illinois including the communities of Wheaton, Naperville, Downers Grove and surrounding suburbs.