Does Legal Separation Constitute Divorce?

Legal separation is merely a separation, not a divorce. The legal separation does not actually terminate the marriage, and it does not decide property rights, unless the parties agree that happen.  According to the Illinois Statute, 750 ILCS 5/402(a), only the party who is without fault may seek a judgment of legal separation.

So why would anybody want to get a legal separation? A legal separation will entitle the seeking spouse to obtain needed support from the wrongdoing spouse.

A legal separation does not prevent a divorce from later occurring, and it does not prevent the other party from obtaining a judgment for a dissolution of marriage if the conditions for obtaining a dissolution have been satisfied.

Are you not sure whether you should file for a legal separation or dissolution or marriage? Are you currently in the process of having a legal separation filed against you and you do not know what to do next?  Call our office and let us help you with any questions or concerns you may have!  You do not have to fight this alone.  618.254.0055

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