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Author: ShaneJimison Subject: What is legal separation?
gloriacox
Newbie


Posts: 2
Registered: 03-18-2011
Location: USA

posted on 03-18-2011 at 01:15 Reply With Quote Report Post to Moderator
What is legal separation?

Hello,

Please tell me what is legal separation? And how to will be work
View User's Profile E-Mail User View All Replies By gloriacox (only searches replies by default, for topics please run another search) U2U Member
divorceddd
Newbie


Posts: 2
Registered: 04-20-2011
Location: United States

posted on 04-20-2011 at 06:24 Reply With Quote Report Post to Moderator
Legally leave

Separation

Legal Separations are an option in Illinois, but they are almost never used. Being legally separated is very different from "being separated." When a couple fights and one spouse moves out for a while, that's being separated. A legal separation is entirely different.

Legal Separations are done in the court just like in a divorce case. Papers are filed just like in a divorce case. Both parties have an opportunity to appear before a judge just like in a divorce case. The court may enter an award of maintenance (alimony) and child support just like in a divorce case. If the appropriate papers are filed, the court may even divide up property just like in a divorce case. The "marital estate" is closed and two new, separate financial estates, for inheritance, tax purposes, business deals, etc., are created, just like in a divorce. Legal separations are just like a divorce... except you're still married.

The only difference between a legal separation and a divorce is this: with a divorce, you're divorced and you can remarry if you want; with a legal separation, you're still married to the same spouse.

Legal separations are used strategically by divorce attorneys in some cases that may drag on for a long time and pass some critical financial deadline. By achieving a separation early, the property of the marital estate may be valued and divided immediately without having to wait until all the messy little details are taken care of. By advancing the date of the termination of joint property rights, the attorneys may help the divorcing couple avoid a huge tax bill, realize other tax advantages, or may otherwise help them shelter assets or avoid debt. If your divorce attorney recommends obtaining a legal separation first and then converting it into a divorce, think carefully about the advice and get a second opinion, a separation may save you a lot of money, but it may also save your spouse money at your expense.

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ShaneJimison
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Posts: 15
Registered: 09-09-2011
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posted on 11-09-2011 at 01:43 Reply With Quote Report Post to Moderator
distressing experience

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View User's Profile E-Mail User View All Replies By ShaneJimison (only searches replies by default, for topics please run another search) U2U Member
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