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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.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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