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IL divorce lawyerIf you are having difficulties in your marriage, you might be considering divorce. At the same time, there are many reasons that you may be thinking about potential alternatives to divorce. To be sure, we work with many Muslim families in DuPage County who want to avoid divorce for religious and cultural reasons. For those families, a legal separation can provide some of the same benefits of divorce without the religious and cultural implications. There are also many financial reasons that legal separation may be preferable to getting divorced. To be clear, a legal separation does not legally end the marriage, but it allows the parties to have some of the benefits that come with a divorce. A divorce, differently, results in a legal end to the marriage.

When you have questions about legal separation versus divorce, you should get in touch with a DuPage County family law attorney who can help with your situation.

What Is a Legal Separation?

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), two people who are married can opt for a legal separation instead of a divorce. Not all states have laws for legal separation, but Illinois is a state that does allow for legal separation. The IMDMA clarifies that “any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart.” Under the statute (750 ILCS 5/402), the court is also permitted to enter a judgment for legal separation, which can include a property settlement agreement between the parties that the court approves and enters as part of the judgment.

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IL divorce lawyerIf you are thinking about filing for divorce in Oakbrook Terrace, or if you know that your spouse has plans to file for divorce, you are probably already thinking about the complications of property division. While the distribution of marital property will vary in complexity from case to case depending upon the amount and type of assets and debts involved, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that Illinois courts divide all marital property according to the theory of equitable distribution.

Although the court will determine who marital property is divided until the parties can negotiate a property division agreement or property settlement, it may still be possible for one of the parties to make clear that she or he wants to retain particular property for which she or he is willing to give up other property. In a lot of cases, one of the parties wants to keep the marital home.

Why Would One of the Parties Want to Stay in the Marital Home After a Divorce?

There are a variety of reasons that someone may want to stay in the home after the divorce, from a sentimental attachment to the property to issues like raising your child and wanting to keep kids in the same school district.

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IL divorce lawyerMany DuPage County residents realize that their marriages are not working out and that it may be time to separate from a spouse. For most people, this results in a decision to file for divorce. Yet we also speak with many people who want to know what the difference is between divorce and annulment, and whether they may be eligible for an annulment instead of a divorce. To be sure, there is a common misconception that annulment can be an alternative to divorce and that it can be quicker and easier.

It is important to understand that annulment and divorce simply are not interchangeable. In the most basic terms, a divorce is the only way to dissolve a legal marriage, while an annulment is how two parties would officially dissolve a marriage that was never legal in the first place. We will say more about how these distinctions work.

Annulment: When a Marriage Is Invalid

Annulment is a process that is only possible when a marriage is invalid. While the law in Illinois concerning annulment falls under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), it cannot be used when a couple is legally married.

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Posted on in Illinois Family Law

Illinois family law attorney, Illinois divorce lawyerLast year, Illinois family law changed in a number of ways, and it is important to understand how these changes might impact you and your family in the event of divorce. Divorce is difficult for Muslim families in DuPage County under any circumstances, but understanding how our state’s laws function during divorce proceedings can help you to be prepared for the weeks and months ahead.

No Fault Divorce in Illinois

We mentioned above that Illinois family law has recently undergone some changes. All of those alterations are reflected in the current Illinois Marriage and Dissolution of Marriage Act (IMDMA). One of the first major changes concerns grounds for divorce. Until just recently in Illinois, divorcing spouses could cite grounds for divorce such as adultery, impotence, mental anguish, and habitual drunkenness. However, those terms are different now.

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