Legal Question in Family Law in Illinois
legal seperation/divorce
a friend of mine who has been married for over 30 years and has would like to pursue a legal seperation or divorce, but is afraid of losing absolutely all assets because the other spouse has not worked in over 30 years(although able to but has refused to) the spouse has also refused to contribute much of anything in the marriage. what are the chances of the spouse walking away with most of everything or would it most likely be split 50/50. this is in the state of Illinois.
1 Answer from Attorneys
Re: legal seperation/divorce
I would need to know a lot more info, but I can assure you she will not walk away with "everything". Probably in the 60% range. Important facts I do not know: Kids?, Property? Retirement funds? Pre Nup? Dissipation? I also do not even know which county this is in. Lake is a lot different than Cook for example. Plus there are ways to prepare for divorce to best protect your assets within the guidelines of the law. With a marriage of this length, your friend really should at least speak to myself or another attorney to make sure he knows his options.
Lastly, legal separation is normally not advised, as it has no benefits over divorce, but can cost as much. Plus I have never seen a legal separation not proceed to a divorce.
Feel free to contact me if you have any further questions.
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