Marriage Dissolution and Legal Separation
When a marriage ends or a separation occurs, there are often bitter feelings and questions about what the involved parties should do next. Most often, in cases of this nature, the individuals will first look to their friends and family for advice, or in some instances, advice is thrown at those in transition without solicitation. The reality, however, is that there is no substitute for sound legal advice from a legal professional who understands the law and can apply it to your particular case.
In Illinois, 750 ILCS 5/401 dictates the requirements for dissolution of marriage.The grounds for dissolution of marriage range from impotency, willful desertion to habitual drunkenness by the spouse for two years, the excessive use of addictive drugs for two years and beyond...
In seeking dissolution of marriage, the spouses must have continuously lived separate and apart for two years, and the Court must find that efforts at reconciliation have not or will not succeed. If, during that time, the spouses attempted reconciliation through cohabitation and they sought counseling but it failed, then the spouses can waive the two year requirements if they have lived separate and apart for at least six months.
Under a legal separation, a spouse who lives separate and apart from the other, through no fault of their own, may be able to receive reasonable support and maintenance while living apart. Actions for legal separation need to be brought in the Circuit Court in which the party not seeking separation, the respondent, resides, or the last county in which the parties resided together, or in the county in which the party seeking the separation resides if the respondent cannot be found within the state.
Both dissolution of marriage and a legal separation are complicated matters that require experienced legal representation to assist you in navigating the statutes and applying them to your particular case.
If you or someone you know is facing the possibility of marriage dissolution or legal separation from a spouse, contact the family law attorneys at the Law Office of Nicholas W. Richardson, P.C. Attorney Nick Richardson offers an initial consultation for no charge, and has a flexible schedule to meet your needs. He represents individuals in Palatine, Schaumburg, Barrington, Arlington Heights, Rolling Meadows and throughout Cook, DuPage, Kane and McHenry Counties. Call 847.873.6741 immediately.