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The cost of filing for legal separation in Illinois can vary depending on the county, but you can expect the court filing fees to be around $300. Additional costs may include service fees, attorney fees, and costs related to child custody evaluations or mediation, if applicable.
Under a legal separation in Illinois, you are still legally married to your spouse but living apart. Your separation agreement can dictate child support and custody if you have children.
Under the law of Illinois, generally, no one is required to leave the family home while the divorce is still underway. In Illinois, the family home is most likely marital property. Until the court makes a final decision about the division of the assets, each spouse has an equal right to live in the house.
In legal separation, parties physically separate but remain legally married. Legally separated couples get many of the financial benefits and other perks exclusive to married couples. But they still have to figure out maintenance, property division, child custody, and child support.
Legally separated couples get many of the financial benefits and other perks exclusive to married couples. But they still have to figure out maintenance, property division, child custody, and child support.
You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.
During a divorce or legal separation, a settlement agreement dictates each party's legal and financial obligations to the other. They often involve substantial negotiation and may involve court approval, depending on the nature of the couple's separation.
A legal separation is more formal than just moving apart though. You would need to get a court to approve your decision and put together a legal separation agreement. This is an agreement that divides property, sets an arrangement for raising your children, and ends the financial connection you have to your spouse.