St. Charles Divorce Lawyer
St. Charles Divorce Lawyer – Law Offices of Anthony R. Scifo – Free Consultation: 847-628-8311
Considering divorce but still open to alternatives? A legal separation is a practical option for many couples thinking about either a permanent split or reconciling eventually. Legal separation, though, specifically means a court-approved separation that sets legal rights and commitments. However, it does not dissolve the marriage. Legal separation is different from an informal separation mainly because a court must grant approval and declare a legal separation. Another key difference is that a marriage still exists after a legal separation is granted.
St. Charles Divorce Lawyer – Benefits of Legal Separation
Legal separation can be a viable choice for couples who do not want to enter divorce proceeding but who do want to live apart. Separation enables them to legally clarify issues like custody of their children and division of property. A formal separation generally applies to spouses who will at some point split permanently. Typical reasons that a couple might opt to separate instead of divorce are the financial savings of staying married. (Consult your St. Charles Divorce Lawyer about tax incentives.)
Get Answers to Your Questions About Legal Separation
Another benefit to legal separation is simply the clarity that comes along with court orders. Court orders define property division, child support, custody and spousal support obligations. Some couples may agree to these matters with no involvement from the courts. But a legal separation simply makes it much easier to enforce the rights of a client in the event of disputes.
Basis for a legal separation is usually similar to the basis for a divorce. It may include adultery, cruelty, incompatibility and abandonment. Likewise with divorces, the conditions set for custody, support and spousal support cannot be changed without court approval.
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A court approved separation does not dissolve a marriage. Although legal rights and obligations of both sides are made clear by a separation order, the marital union still legally remains. Consequently, couples who legally separate cannot marry a different spouse without violating laws against bigamy.
A benefit to this is that it is fairly easy for spouses to resume living together in the event they reconcile. As opposed to a couple who divorces, a couple who has legalized their separation and choose reconciliation will not need to remarry. Instead, they can simply submit a request to resume their marriage to the courts. And if a couple decides to end the marriage a legal separation simplifies the process.
Other Types of Separation
Many couples choose to separate without planning to end their marriage permanently. They can enter a trial separation while they work toward reuniting or choosing to live in separate locations. In these cases, obligations and rights involving debts, children and property stay the same as during a marriage. Matters like division of property or what a spouse may owe for child support may be subject to an agreement. However, they have yet to settle because they might occur after a legal separation or divorce order.
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Choosing to end a marriage is not an easy decision to make, but sometimes it is the best choice. Regardless if a separation serves your goals, talking about these matters with an experienced St. Charles Divorce Lawyer helps define your options.
St. Charles Divorce Lawyer – Ground for Divorce in Illinois – Free Consultation: 847-628-8311
A no-fault divorce is a type of divorce in which the spouse who files doesn’t need to prove that the other spouse is at fault. Most people tend to cite irreconcilable differences as grounds for no-fault divorce. A spouse cannot object to the other’s petition for a no-fault divorce because the court considers that to be an irreconcilable difference itself. The most commonly cited grounds for approving a fault divorce include abandonment, adultery, prison confinement, emotional or physical cruelty and inability to have sexual intercourse.
Another important contrast between the two types of divorce is that spouses seeking a fault divorce are not required to live separately for a set length of time prior to filing. The ability to show fault can also result in a bigger distribution of marital properties or support to the spouse who is without fault. These two factors can make a fault divorce an appealing option for some couples.
When each spouse seeks a fault divorce and each are able to prove the other is at fault, the court decides which spouse is the least at fault. That spouse is who will be, in fact, granted the divorce. This is known as comparative rectitude. It was created to resolve the problem of courts declining to grant either party a divorce if they were found to both be at fault.
The notions of fault and no-fault divorces can sometimes lead to some confusion. If you are uncertain of the laws and how they apply to your situation, the best plan of action is to speak with a St. Charles Divorce Lawyer who can offer helpful answers to your questions.
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St. Charles Divorce Lawyer – Alimony
Spousal support or alimony is basically a monthly payment from one spouse to the other according to the court’s decision or a settlement agreement. The reason why the court awards alimony is to remedy an unfair financial effect that results from a divorce. This could be, for example, if a parent who stays at home is suddenly in need of income following a divorce but has never been employed. A court can award alimony to a spouse based upon either an agreement among the couple or a decision from the courtroom itself. This is a separate matter from division of marital properties and is typically settled case-by-case.
The purpose is to minimize a financial situation stemming from a divorce. Alimony provides an ongoing income stream to a low-earning or non-earning spouse. Part of the bases for alimony is that one of the spouses may have decided to forego a career opportunity to provide support for the household and will need some time to update employment skills. Another purpose can be to assist a spouse in sustaining a standard of living they experienced during a marriage.
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St. Charles Divorce Lawyer – Determining Alimony
In contrast to an issue such as child support, which is typically mandated to comply with financial guidelines, the courts have wide discretion in deciding to grant spousal support – as well as the amount and for how long it will be paid.
Generally, courts will take into account the following issues when deciding on alimony:
-Each spouses’ age, physical, emotional and financial state.
-The duration of time the alimony recipient shall require to attain financial self-sufficiency.
-The standard of living established in the marriage.
-The duration of the marriage and the ability of the paying spouse to provide alimony to the recipient while still supporting themselves.
If you have questions and would like to speak with a St. Charles Divorce Lawyer, call our law firm today for a no-hassle consultation at 847-628-8311. All information discussed remains fully confidential. We serve clients in the Tri Cities and other communities throughout Kane County.