Legal Separation | Kane County family lawer

 Posted on April 18, 2013 in Divorce

Legal separation, according the Chicago Bar Association, is an order that is approved by a judge, stating that a husband and wife may legally live apart, but they will still have responsibilities and obligations to each other, which are laid out in the agreement as well. Married couples may also choose to live separately without a legal separation. This is not the same thing as a divorce because a separation does not end the marriage and the judge is not involved with property separation. Marriage separation may be requested by a husband or wife for many reasons. Although the judge does not determine property separation, he or she can help determine spousal and/or child support obligations, use of the couple’s shared home, child custody and visitation rights. If a couple agrees on these matters, the judge will still review them to determine fairness. To file for a legal separation, the couple must be living apart from one another when the court action is begun, and the person seeking the separation must be able to prove that the reason for the legal separation is not his or her fault. Because a legal separation is not the same as a divorce, having a legal separation still does not allow either party to marry another partner until a dissolution of their marriage or a divorce has occurred. If the couple chooses to file for divorce after being legally separated, however, neither can claim property that the other gained after the time of the separation. Another difference from divorce is, should a spouse die during the legal separation, the living spouse will still inherit from the deceased as he or she would in a marriage. If you have questions or are interested in a legal separation or a divorce, contact Goostree Law Group for assistance. These family law attorneys are located in Kane County, Ill. and can assist you with your divorce or legal separation today.