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IL divorce lawyerMany 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:

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Illinois family lawyerIf you are thinking about filing for divorce in DuPage County, it is important to have an experienced advocate on your side throughout the process. At Farooqi & Husain Law Office, we regularly assist members of the Muslim community with family law matters, including the dissolution of marriage. Your Oakbrook Terrace divorce attorney can help to ensure that you are prepared for divorce and that you have taken all of the necessary steps, but in the meantime, we have some tips for making sure that you are on the proper track.

1. Get Your Finances in Order

Whether you handle the family finances or not, it is important to get your finances in order and to have a clear sense of marital property. As such, you should carefully consider your income and your budget, and you should also make a list of all marital property that you know about. When you make a list of property, be sure to include both assets and debts, and provide the following information:

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Illinois divorce lawyerThe holiday season in DuPage County is upon us, and with it comes the looming threat of divorce. Whether you celebrate Christmas or are a member of the Muslim community of Oakbrook Terrace, the general holiday season in the country — from Thanksgiving through the New Year — is often a time in which married couples reevaluate their positions and consider the possibility of making a change as part of a New Year’s resolution. And it is not simply the winter holiday season that results in a spike in divorce rates. A recent divorce study concluded that a majority of divorce filings occur soon after the winter holiday season, and then soon after summer vacations come to an end.

What else should you know about filing for divorce after the holidays?

Divorce Day or the Beginning of the Work Week after the Holiday Season

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