What You Should Know About a Legal Separation

 Posted on November 29, 2020 in Illinois Family Law

Many Muslim families in DuPage County struggle with the decision about whether a divorce is appropriate. Although two spouses might be having significant problems in their marriage, the prospect of going through a divorce can be unappealing for religious and cultural reasons. Yet for many Muslims, there is a need to move forward with a separation that involves the court making decisions about marital property and child custody. In some situations, there are allegations of family or domestic violence, and one of the spouses might not feel safe remaining in the relationship or in the same household. In other situations, the animosity between the spouses might have reached a level that requires a change.

For Muslim spouses in DuPage County who do not feel comfortable getting divorced, a legal separation might be an option. Although many states in the country do not have specific provisions for a legal separation, the state of Illinois does specifically consider legal separation in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Our experienced Oakbrook Terrace family lawyers want to help you gain more information about legal separation.

Support and Maintenance Can Be Ordered in a Legal Separation

One of the first and most important issues to know about legal separation in Illinois is that the IMDMA allows the court to order support and maintenance in a legal separation. The statute expressly states that any individual living separate and apart from his or her spouse may have a remedy for reasonable support while they live apart.

When a couple separates and seeks a legal separation, the court can use the same child support calculations it would use in a divorce case to determine the amount of the total child support obligation and the amount that each parent is responsible for providing. Then, if the parents ultimately get divorced and their children are still minors, the court can reevaluate the child support obligation. Similarly, if one of the parties is seeking reasonable spousal maintenance following a legal separation, the court can order that one of the spouses pay maintenance to the other depending upon the particular facts of the case.

Negotiating a Property Settlement Agreement

Another important thing to know about legal separation is that the court will not divide or distribute marital property as it will in a divorce. However, the spouses can work with their lawyers to negotiate a property settlement agreement, which the court can then approve. If the court approves a property settlement agreement between the spouses, it will become part of the legal separation order. As such, if one of the parties fails to abide by the terms of the property settlement agreement, the other spouse can ask the court to enforce the agreement.

Having a Lawyer Whether You Are Seeking a Legal Separation or a Divorce

Whether you are seeking a legal separation or a divorce, it is extremely important to have an experienced family law attorney on your side. You will want to have an experienced attorney who can advocate for you when it comes to support and child custody, and in negotiating a property settlement agreement with your spouse.

Contact a DuPage County Family Law Attorney Today

Are you considering a legal separation? One of the DuPage County family law attorneys at our firm can discuss your situation with you today. Our firm is committed to serving the Muslim community in Oakbrook Terrace and throughout DuPage County. Contact Farooqi & Husain Law Office online or call our firm at 630-909-9114 today for more information.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59