How to Petition for a Legal Separation in Illinois
USINFO | 2013-07-31 11:26

In Illinois, legal separation is rare and is often used in lengthy, drawn-out divorce proceedings where one -- or both -- partners has considerable assets to protect. "Legal separation" is an official term that is vastly different from a "trial separation." Paperwork for a legal separation is similar to paperwork for a divorce: after a petition is filed, a judge will help a couple divide their assets and come to an agreement over child custody and visitation arrangements

Instructions
Obtain a Petition for Legal Separation. A template of this form is available online at the University of Southern Illinois Law School's website, or you can contact a court in your area.

Fill out a Petition for Legal Separation. The petition will include your contact information, your spouse's contact information, information about any children the two of you have together, marital and non-marital property, joint debts, and the way in which you wish your marital property to be divided. The petition must be fully filled out and signed. You can have your spouse sign the form as well, if he agrees to the separation. No notary is necessary.

Bring the petition to your county's courthouse and file it with the Clerk of the Circuit Court. You will most likely be required to pay a filing fee. If you are in need of financial assistance, you can ask a court clerk if you qualify for a fee waiver. If your partner is not jointly filing the petition, a summons will be issued by the court to her. A court date will be set by the judge, at which point both sides will be heard.
Arrive at court on the day that your petition is being heard.

Tips & Warnings
• In order to petition for legal separation, a couple must be living apart from one another and must show that reconciliation is unlikely.
• To file in Illinois, you must have lived in the state for at least 90 days.
• The partner seeking the petition -- if the petition is not a joint petition -- must be able to prove that he is not at fault for the separation.
• A couple that is legally separated is still not allowed to remarry until an official divorce is granted.
• You may choose to consult with a lawyer about your petition, especially if children are involved, or if your spouse contests the petition. In some cases, free legal assistance may be available to those in need.
• A legal separation will not protect you from spousal abuse. If you are concerned about mental or physical abuse, you will also want to seek a restraining order against your spouse.
• An Illinois court cannot enforce child support or a transfer of property on a non-resident of Illinois, though you can still obtain legal separation.
 

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