Many married couples in DuPage County opt for a legal separation instead of a divorce. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a legal separation can allow spouses to live separate and apart without actually going through the legal process of divorce while still asking the court to determine issues like support and the allocation of parental responsibilities. There are many different reasons that spouses opt for a legal separation instead of a divorce. For many Muslim families, legal separation is preferable to divorce for religious reasons, but you may also have other motivations for seeking a legal separation instead of divorce. For instance, one of the spouses may need to rely on the other spouse’s health insurance for major treatment or care, or the spouses may be thinking about tax considerations.
Regardless of your initial reason for seeking a legal separation instead of a divorce, you might now be considering a divorce and you may be unsure about the steps you need to take to move forward. It is important to discuss the particular facts of your situation with a DuPage County family lawyer, but in the meantime, we can provide you with general information about moving from a legal separation to a divorce.
You Can File for Divorce After a Legal Separation
The IMDMA is clear that you can file for divorce even if you have a legal separation—you do not need to choose between a legal separation or a divorce with the understanding that the two are mutually exclusive. The IMDMA expressly states:...