Legal Question in Family Law in Illinois
I am planning on legally separating from my spouse, my friend told me I need to do this to get clear possession of the marital home and to force my spouse to establish residency. I am unsure what she means.
Thank You.
2 Answers from Attorneys
I am also unsure of what she means. The court lacks the power to deal with the marital home's ownership in a legal separation unless the parties agree to give the court the power to do so. It might have the power to order possession of the porperty, but not deal with ownership.
Most people erroneously think that they should get legally separated when a divorce is the better was to go. Very few legal separations are done each year, and the peple that do have them done, usually end up having to go through the whole divorce process soon after anyway. I am curious as to why you think legal separation is the right course.
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