Legal Question in Family Law in Illinois

separation

My husband and I are considering a trial separation. I do not want to move out of the house we live in, because I do have fibromyalgia and feel more comfortable in this house. he does not want to move out because he feels that it isn't fair for him to ''have'' to leave. I have two dogs that i do not trust with him, and also know that wherever I would go, I would not be allowed to bring the dogs. We have no children.

How can we resolve this? What if another big ''fight'' happens, can I have him ''removed'', but not have it go on his permanent record? I really need some options, Please help.

Thank You


Asked on 3/17/08, 2:36 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: separation

There is such a thing as 'legal seperation', but it is hardly ever done because it costs as much as a divorce, and since almost everyone who gets seperated, gets a divorce, it makes sense to be honest with oneself and just get the divorce. As to the home, since both people live there, neither can be forced out, unless one party gets a court to order it. There has to be proof of danger to one spouse and so on.

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Answered on 3/19/08, 10:08 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: separation

Since a trial separation has no legal standing, I doubt if you can have him removed. A "legal separation" is different. There would be court orders issued. However,if an argument ensues, and he threatens you, call the police and have him arrested for domestic violence. That's all you can do unless you file for "legal separation" or divorce.

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Answered on 3/17/08, 2:47 pm


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