No Fault Divorce versus Fault Divorce

10/20/2010

1 Comment

 
A divorce or legal separation is the cessation of cohabitation of wife and husband either by mutual agreement or as a result of a court decree. Under the provisions of Chicago family Law, the legal separation or divorce petitions in Illinois can be classified into no-fault divorce petitions and fault divorce petitions. Following text briefly covers each type of legal separation.

Illinois No Fault Divorce
The Illinois no fault divorce is a straightforward type of legal separation. There are two simple grounds for filing a no-fault divorce petition in Illinois. The aforementioned two simple grounds of legal separation consist of…
1.    Both husband and wife have stopped cohabiting together under one roof for at least a period of two years and therefore want to go ahead and file a legal separation petition in the Illinois court
2.    Both the husband and the wife have developed differences that are impossible to reconcile resulting in irrecoverable collapse of the married life.

Illinois Fault Divorce
Illinois adult citizens can file a fault divorce petition in the Illinois court of law. The grounds of separation may consist of one or more of the following…
•    Adultery or Bigamy
•    Impotence or infection with a sexually transmitted disease
•    Willful abandonment by the party for a period of for 1 year or more
•    Habitual intoxication or drug addiction for at least 2 years or more
•    A deliberate, repeated, and excessive infliction of pain and suffering in any form including mental or physical cruelty
•    Imprisonment or conviction in a serious crime  
Unlike the no-fault divorce petition, a Chicago Divorce Lawyer would be necessary in a case of fault divorce on aforementioned grounds.
1 Comment

Illinois Legal Separation

6/24/2010

0 Comments

 
Picture
There is a difference between an Illinois legal separation from a divorce.  The party that decides that they are “done” and is requesting a separation will need to file paperwork with the Courts specifically requesting the action.  This is the first step to having the status of your marriage legally changed.  A judge will then decide how all financial aspects of the separation will need to be resolved between the two parties.  One thing the judge takes in to consideration is debt.  Is there significant debt that needs to be taken care during the period of separation?  Who is responsible for what? Recently, it has been observed some people file for a separation because they need to file for bankruptcy!  Unfortunately, this is a byproduct of what this wretched economy is doing to us!

Technically speaking, a legal separation is just that, a separation which is a preparation for the actual divorce.  This gives both parties time to decide which items are not mutually binding and time to make the decisions that they otherwise had to do with their spouse.  If the couple is already on the outs and don’t want to look each other in the eye, then they have no option than to go their separate ways.

Sometimes a legal separation is what the couple needs to obtain a fresh outlook.  Things, life things tend to get wound very tight and affect your everyday responsibilities.  A break is just the medicine needed in some cases.  It is great in these times because a divorce is a painful event and should be avoided if possible.  If you are considering an Illinois legal separation, be wise and obtain representation from a well respected and experienced law firm.
0 Comments