Illinois Divorce Start Your Divorce Find Professionals Illinois Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Illinois Products Divorce by County
When Can Legal Separation be Preferable to Divorce
There can be instances when a legal separation may be preferable to a divorce in regard to the parties wishing to be separated and apart.
Depending on the facts and circumstances of the parties, if there is an insurability issue in regard to one of the parties, whereby if there was a divorce there may not be insurance coverage available for one of the parties, it may be preferable to have a legal separation for purposes of keeping insurances in place. On the other hand, with a legal separation the parties sometimes go through similar Court proceedings that are involved in a dissolution of marriage proceeding, but the parties remain married. If a legal separation does not work out, then the parties would still have to proceed with a dissolution of marriage proceeding, if they wish to be divorced.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
© 1996 - 2021 MH Sub I, LLC dba Divorce Source. All Rights Reserved.