October 11, 2019

Legal Separation Lawyer Lake Forest IL

Legal Separation Lawyer Lake Forest IL Legal Separation Lawyer Lake Forest IL

If you are considering separating from your spouse, you may be wondering when to contact a legal separation lawyer serving Lake Forest IL. At Hurst, Robin, Kay & Allen, LLC, we understand that this can be a very difficult time. Our lawyers are dedicated to providing legal services to residents living in and around Lake Forest, Illinois.

Separations, Annulments, and Divorces

It’s easy to get these three terms confused, as any experienced Lake Forest IL legal separation lawyer would agree. However, it’s important to know the differences between what constitutes a separation, annulment, and a divorce. Although the end result of all three may be the same, they each have different legal implications for couples.

Many couples choose to separate informally before getting divorced, but it’s also possible to obtain legal and permanent separations. Many states recognize permanent separations as the time periods before a divorce takes place. During these periods, assets received or debts incurred by one spouse usually will not be taken into consideration while dividing joint assets during a divorce. Our Lake Forest IL legal separation lawyer wants you to know that a legal separation is far less common and is usually used for religious reasons. It provides virtually all of the benefits of a divorce without actually granting a divorce.

With an annulment, the court treats a marriage as if it never happened in the first place. Religious institutions may offer religious annulments; civil courts offer civil annulments. Common reasons for getting an annulment include:

  • No consummation of the marriage
  • Fraud
  • Incest
  • Bigamy
  • Force 

A Lake Forest, Illinois legal separation lawyer can offer even more information about these differences and may help you determine which procedure is best for your situation. 

Division of Property

Some couples are able to divide their assets very quickly and easily when they divorce — usually because they took great care to keep their assets separate during their marriage. However, even in the most amicable divorces, dividing jointly owned property can be confusing. Laws determining property division vary by state, so when you’re searching for a Divorce lawyer based in Lake Forest, IL, it’s important to find a professional who is familiar with the laws within your state. 

Our legal separation lawyers in Lake Forest, Illinois can educate you regarding the division of property:

Separate property is that which only applies to one spouse. There are several situations where property acquired during a marriage might still be considered separate property. Marital property is that which is acquired by both spouses during their marriage. If you choose to engage in mediation or arbitration with your former partner, you have the ability to divide your marital property however you wish. If a divorce has to be settled in court, judges often emphasize that marital property will be divided fairly but not necessarily equally

Divorce: The Most Common Way to End a Marriage

The most common way couples end their marriages is by divorce. One or more parties will need to explain that the partnership can go no further due to irreconcilable differences, which is all that it takes in Illinois to get a no-fault divorce. To be sure, this means that neither party needs to be “at fault” for a divorce. Additionally, both parties do not have to agree to get a divorce in the first place. If one person wants the divorce and cannot get the other to agree to sign the paperwork, the other partner will be able to obtain a default judgment, and the divorce becomes legal. A divorce lawyer Lake Forest, IL provides can help. 

Legal Separation: Similar to Divorce and Sometimes Used for Religious Purposes

As a Lake Forest Illinois, legal separation lawyer can explain, a legal separation does not exactly end a marriage. Neither partner can legally re-marry even after being legally separated unless one or both decide to get a divorce afterward. Legal separation allows a couple to make agreements on finances, parenting issues, and property while (usually) living apart.

It is sometimes a preferred method of, essentially, ending a marriage over divorce due to religious reasons. According to Illinois law, one of the parties is able to request from a judge any orders that would come along with a divorce, such as domestic violence restraining orders, child support, partner support, spousal support, visitation rights, and custody.

Annulments Can be Used to Combat Fraud or Concealment

An annulment essentially erases any legal sign of the marriage. However, to go through this process, there must have been a reason that the marriage was void or that it was voidable. Often, fraud, concealment, or misrepresentation are causes for an annulment. The grounds on which the couple got married, for instance, could have been to have children. If one partner did not know that the other was incapable of conceiving children, that could be looked upon as concealment. Additionally, if one person had a sexually transmitted disease or a serious criminal record that the other person did not know about, or one person was underage or only wanted to marry to gain citizenship, the marriage could be annulled. A Lake Forest Illinois legal separation lawyer can evaluate your situation to determine if you qualify for an annulment.

Let a Lake Forest Illinois Legal Separation Lawyer Help

Whatever your reason for ending a marriage, our legal team has the experience and extensive knowledge about all the various processes involved. Contact Hurst, Robin, Kay & Allen, LLC today to set up an appointment with an experienced legal separation lawyer Lake Forest Illinois clients recommend for a free consultation.

Contact a Lake Forest IL Legal Separation Lawyer Today

Although you aren’t legally required to have a divorce lawyer when you get divorced, it’s often recommended that spouses consult with one before taking any legal action. Quite simply, divorce proceedings can be very complex. Between filling out documents and appearing in court, a divorce can be very costly and time-consuming. An experienced Lake Forest IL legal separation lawyer at Hurst, Robin, Kay & Allen, LLC can guide you through these processes so that you can focus on your own personal needs.

For more information, or to schedule a consultation with a legal separation lawyer guiding Lake Forest IL residents, please call Hurst, Robin, Kay & Allen, LLC today.