Illinois Summons-Dissolution Of Marriage-Legal Separation is a legal process that is used to dissolve a marriage or legally separate spouses in Illinois. It involves the filing of a Summons and Complaint in the state’s Circuit Court. The Summons serves to notify the other party or parties of the filing, and the Complaint outlines the grounds for the dissolution or legal separation. There are three primary types of Illinois Summons-Dissolution Of Marriage-Legal Separation: (1) dissolution of marriage (divorce), (2) legal separation, and (3) annulment. In a dissolution of marriage (divorce), a court will grant a divorce to the party filing the Summons. The divorce will terminate the marriage and the court will enter a judgment of dissolution. In a legal separation, the court will enter a judgment of legal separation. This will not terminate the marriage, but will set out the terms of the separation, such as child custody, child support, and spousal maintenance. In an annulment, the court will enter a judgment of nullity. This will declare the marriage null and void, as if it had never been entered into in the first place.
Illinois Summons-Dissolution Of Marriage-Legal Separation
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FAQ
Key differences between legal separation and divorce While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart.
Dissolution of marriage judgments terminate the marital status of parties, while parties that receive a legal separation judgment are still legally married to each other. There are tax implications that may arise.
A legal separation is when a married couple decides to live separately but remains legally married. A divorce, however, is the legal dissolution of marriage ? meaning the court terminates the marriage's legal bond, determines child custody and support, and divides assets and liabilities.
Illinois allows for couples to be legally separated for an indefinite period of time, so a spouse can file for divorce at any time after a court finalizes separation.
How long do you have to be separated before you can get a divorce in Illinois? You must be separated from your spouse for six months in order to file for divorce in Illinois.
Under a legal separation, the couple lives apart, but their marriage remains intact in the eyes of the law. Thus, you would typically not be permitted to remarry while you are legally separated, since you are not officially divorced.
To get a legal separation, you must be physically living apart from your spouse when you ask the court for a legal separation. You must then file a Petition for Legal Separation with the Circuit Clerk in your area. Ask them if they have a form you can fill out.
The Cons of a Legal Separation Disadvantages of legal separation include: The inability to legally remarry; Extra cost if you later decide to divorce; and. Lack of a no-fault option.