Legal Question in Family Law in Illinois
Legalll seperated re marriage
My oyfriend lives in illinois and was married there him and his wife are now legally seperated not divorced whats the difference and can he get remarried if he is just legally seperated
1 Answer from Attorneys
Re: Legalll seperated re marriage
The difference between being "legally separated" and divorced is the difference equivalent between night and day. With the status of legally separated, as a practical matter, one is still married to the person from whom he or she is legally separated, and unless a property settlement agreement has been properly effected,
the same marital rights and obligations having to do with property, spousal support, child support, visitation, custody of children etc. which previously existed between the couple will continue unabated, but neither of these folks will be free to marry anyone else until a divorce between the two of them has been finalized.
If either were to proceed to marry again before such a divorce was obtained, he or she could be charged with the crime of bigamy (a term which apparently it would be well worth your while to learn the definition of.)