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Aurora Legal Separation Lawyer

A legal separation may be appropriate for those who do not want a divorce, but would like to live separate and apart. In a legal separation, the parties' can agree as to who will have custody over the minor children, or have a judge decide this issue.

Separated couples choose a legal separation instead of a divorce for religious reasons, financial reasons or insurance-related matters. Also, some couples feel that legal separation may be more appropriate than divorce, as it does not carry the same stigma.

Understanding Legal Separation:

A legal separation does not legally end a marriage. You cannot marry another person if you are legally separated. Unlike a divorce proceeding, there are no "grounds for separation" in a legal separation proceeding.

Legal Separations are very similar to Divorce Proceedings, in which the court must have jurisdiction over you and your spouse to award you a legal separation. In order to have jurisdiction, you must have resided in Illinois for more than 90 days and you have to serve your spouse with proper notice of the lawsuit you have initiated. You can still obtain a legal separation if your spouse lives in another state. However, if he/she has never lived in Illinois or committed an act inside Illinois that would cause him/her to come under the jurisdiction of the court, the court will not be able to order your spouse to do anything, such as pay child support or debts.

Contact an Aurora Family Law Attorney

Ideally, it would be in the best interest of all parties to come to an agreeable resolution to your various family law issues. However, if you cannot agree with your spouse as to whether you should file for a divorce or a legal separation, please feel free to contact my office for a free consultation. I am an experienced Family Law Attorney who will guide you through the process and will develop a plan to achieve the best possible results.

Contact an Aurora Family Law Lawyer for legal representation

in any Legal Separation or Divorce matter today!


The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties

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