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Legal Separation

Divorce and dividing a house concept. Man and woman are splitting model of house with saw.

Legal Separation

 

Legal separation is a legal term.  It is  obtained by a court order, not just by one saying he or she is "separated."   A legal separation does not legally end a marriage. After a legal separation, spouses are still married. They cannot marry anyone else unless they divorce. A court can determine the allocation of parental responsibilities, parenting time, child support, and maintenance (spousal support). The court cannot divide property unless you and your spouse agree.

A legal separation requires a physical separation at the time of filing.

Obtaining a legal separation does not prevent you or your spouse from obtaining a divorce later.

Why might You want a legal separation instead of a divorce?

1.  You need to stay married to receive some benefits such as health insurance, social security, and pensions;

2.  You are not sure if you are ready for a divorce, but you need to be apart and you need child support or maintenance; or,

3.  Your religion discourages you from obtaining a divorce.

Many people believe that a legal separation or a notice in the paper prevents Spouse  A from being responsible for debts incurred by Spouse B.  Not so.  The Illinois Family Expense Statute allows creditors to sue the other spouse for expenses of the family, such as medical expenses and other family expenses (as opposed to buying a car for a mistress, for example), as well as educational expenses.  Sometimes Spouse A  wants a legal separation to prevent being responsible for long term care of Spouse B.  A divorce is needed in that instance.  The notices in the paper have no legal significance.

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Academy News

Classrooms closed due to re-painting
Two students join football team
Meeting about new campus area
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Academy News

Classrooms closed due to re-painting
Two students join football team
Meeting about new campus area
Library project meeting

Academy News

Classrooms closed due to re-painting
Two students join football team
Meeting about new campus area
Library project meeting