Legal Question in Family Law in Illinois
Seperation or Divorce
Can you explain the difference between a Legal Seperation and a Divorce? An attorney told me that if I file for Legal Seperation, I cannot then file for a Divorce. Is this true?
3 Answers from Attorneys
Re: Seperation or Divorce
No...but it is a separate case and you'd have to pay two filing fees.
Separation can only deal with temporary maintenance (alimony) and child support. You're still married and if there's property, it doesn't get divided in a divorce. Divorce deals with everything: marriage, child support, maintenance and property division.
Generally I only advise separation if there's a need for a spouse to get medical insurance from the other spouse which an employer wouldn't do post-divorce or if someone's against divorce at a moral level.
Re: Seperation or Divorce
No...but it is a separate case and you'd have to pay two filing fees.
Separation can only deal with temporary maintenance (alimony) and child support. You're still married and if there's property, it doesn't get divided in a divorce. Divorce deals with everything: marriage, child support, maintenance and property division.
Generally I only advise separation if there's a need for a spouse to get medical insurance from the other spouse which an employer wouldn't do post-divorce or if someone's against divorce at a moral level.
Re: Seperation or Divorce
Same question, please review my earlier comment to the first submission. You can do both, but why? A legal separation is almost always a waste of time and money
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
