When a couple files for a legal separation, their marriage does not dissolve. When a couple files for divorce, the marriage is legally over. Whether you get a legal separation or a divorce, however, the courts will likely address the division of all marital property and debts , child support, spousal support, child custody and parental allocation. Once you are legally separated, you can purchase property and it will be your non-marital property in the event of a divorce. Any pension you accumulate after you legally separate would also be your non-marital property. If you do not want a divorce for religious purposes, it would still be a good idea to legally separate to protect yourself from added maintenance and to keep the newly acquired property as your own non-marital property.
We provide the legal guidance and support with a personal dedication to you each step of the way in the legal separation or divorce process.
Our dedication to maintaining open lines of communication and taking time to answer your questions means you will fully understand the process. Together, we will work to strategize and formulate a plan that meets your needs and protects your rights and interests.
Whether you are seeking a legal separation in a traditional marriage, a civil union, or same-sex marriage, we have the family law experience in Chicago to represent your interests and obtain the best possible outcome. Plus, you can have peace of mind knowing that should you decide to continue with filing for divorce after a legal separation, the divorce process will not be as time-consuming or costly since a separation agreement will already be in place.
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These children from divorced families may also be less likely to attend college, resulting in the discontinuation of their academic career. Many times academic problems are associated with those children from single-parent families. Studies have shown that this issue may be directly related to the economical influence of divorce.
A divorce may result in the parent and children moving to an area with a higher poverty rate and a poor education system all due to the financial struggles of a single parent. Children of divorced parents also achieve lower levels of socioeconomic status, income, and wealth accumulation than children of continuously married parents.
These outcomes are associated with lower educational achievement. Young men or women between the ages of 7 and 16 who had experienced the divorce of their parents were more likely than youths who had not experienced the divorce of their parents to leave home because of friction, to cohabit before marriage, and to parent a child before marriage. Divorce often leads to worsened academic achievement in children ages 7—12, the most heightened negative effect being reading test scores.
These negative effects tend to persist, and even escalate after the divorce or separation occurs.
Children of divorced or separated parents exhibit increased behavioral problems and the marital conflict that accompanies parents' divorce places the child's social competence at risk. More and more seniors are staying single; an analysis of census data conducted at Bowling Green State University predicted that divorce numbers will continue to rise.
Baby boomers that remain unmarried are five times more likely to live in poverty compared to those who are married. They are also three times as likely to receive food stamps, public assistance or disability payments. Sociologists believe that the rise in the number of older Americans who are not married is a result of factors such as longevity and economics. Women, especially, are becoming more and more financially independent which allows them to feel more secure with being alone, in addition to changing perceptions of being divorced or single.
This has resulted in less pressure for baby boomers to marry or stay married. In Japan, divorces were on a generally upward trend from the s until when they hit a peak of , Since then, both the number of divorces and the divorce rate declined for six years straight.
In , the number of divorces totalled ,, and the divorce rate was 1. Due to the existence of diverse religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs.
Mutual consent divorce procedure  is relatively easier and fast while contested divorce procedure  takes longer and depends on the religions of the couples. The figure represents a In , the ten places with the highest divorce rates in the UK are all beside the sea, with Blackpool in the top position. In , on average, first marriages that end in divorce last about eight years.
In , success in marriage has been associated with higher education and higher age. It revealed that when sampling the same data by individuals, Republican-leaning voters are less likely to have a divorce or extramarital affair than Democratic-leaning voters and independents. In , based on studies by Jenifer L.
Bratter and Rosalind B. King made publicly available on the Education Resources Information Center , unions between white males and non-white females and between Hispanics and non-Hispanic persons have similar or lower risks of divorce than white-white marriages, unions between white male-black female last longer than white-white pairings or white-Asian pairings.
Conversely, white female-black male and white female-Asian male marriages are more prone to divorce than white-white pairings.
In , a study  by the Christian poll group the Barna Group ,  reports that a higher divorce rate was associated with infrequent church attendance. In , marriages between people of different faiths were three times more likely to be divorced than those of the same faith. In , A study found a wide range of factors correlating with the divorce rate including frequency of sex, wealth, race, and religious commitment. In , there were 9, divorces, and the divorce rate number of divorces per 1, existing marriages was In , there were 8, divorces and the divorce rate number of divorces per 1, existing marriages was 8.
All U. For same-sex couples in the United States, divorce law is in its infancy. Upon dissolution of a same-sex marriage, legal questions remain as to the rights of spouses to custody of the biological children of their spouses. Child custody policies include several guidelines that determine with whom the child lives following divorce, how time is divided in joint custody situations, and visitation rights.
The most frequently applied custody guideline is the best interests of the child standard, which takes into account the parents' preferences, the child's preferences, the interactions between parents and children, children's adjustment, and all family members' mental and physical health. In some countries commonly in Europe and North America , the government defines and administers marriages and divorces.
While ceremonies may be performed by religious officials on behalf of the state, a civil marriage and thus, civil divorce without the involvement of a religion is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state's definition, but have a different status as defined by a religious order.
Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation. Islam allows, yet generally advises against divorce, and it can be initiated by either the husband or the wife. Dharmic religions allow divorce under some circumstances. Christian views on divorce vary: Roman Catholic teaching allows only annulment, while most other denominations discourage it except in the event of adultery.
We believe that the only legitimate marriage is the joining of one man and one woman Gen. We deplore the evils of divorce and remarriage. We regard adultery as the only scripturally justifiable grounds for divorce; and the party guilty of adultery has by his or her act forfeited membership in the church. In the case of divorce for other cause, neither party shall be permitted to marry again during the lifetime of the other; and violation of this law shall be punished by expulsion from the church Matt.
In the carrying out of these principles, guilt shall be established in accordance with judicial procedures set forth in The Discipline. Jewish views of divorce differ, with Reform Judaism considering civil divorces adequate; Conservative and Orthodox Judaism, on the other hand, require that the husband grant his wife a divorce in the form of a get. Several countries use sharia Islamic law to administrate marriages and divorces for Muslims.
Thus, Marriage in Israel is administered separately by each religious community Jews, Christians, Muslims, and Druze , and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either in rabbinical court or Israeli civil court. According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States.
These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales  which reported that divorce petitions from women outnumber those from men by 2 to 1. The report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become the norm.
An introduction to the basics on Separation in Illinois. The spouses are still married and they may not remarry unless they first divorce. The separated couple . You and your spouse are not required to live separately before you get divorced, but it is often a good idea. Call a Lombard family law attorney.
Some jurisdictions give unequal rights to men and women when filing for divorce. For couples to Conservative or Orthodox Jewish law which by Israeli civil law includes all Jews in Israel , the husband must grant his wife a divorce through a document called a get. If the man refuses, and agreeing on condition he won't have to pay the money is still called refusing , the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or a woman whose husband is missing without sufficient knowledge that he died, is called an agunah , is still married, and therefore cannot remarry.
Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered mamzerim illegitimate and cannot marry non- mamzerim. The ancient Athenians liberally allowed divorce, but the person requesting divorce had to submit the request to a magistrate , and the magistrate could determine whether the reasons given were sufficient. Divorce was rare in early Roman culture but as their empire grew in power and authority Roman civil law embraced the maxim, " matrimonia debent esse libera " "marriages ought to be free" , and either husband or wife could renounce the marriage at will.
The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the 6th century. After the fall of the Roman Empire, familial life was regulated more by ecclesiastical authority than civil authority. The Catholic and Orthodox Church had, among others, a differing view of divorce. The Orthodox Church recognized that there are rare occasions when it is better that couples do separate. For the Orthodox, to say that marriage is indissoluble means that it should not be broken, the violation of such a union, perceived as holy, being an offense resulting from either adultery or the prolonged absence of one of the partners.
Thus, permitting remarriage is an act of compassion of the Church towards sinful man. Under the influence of the Catholic Church the divorce rate had been greatly reduced by the 9th or 10th century,  which considered marriage a sacrament instituted by Jesus Christ and indissoluble by mere human action.
Although divorce, as known today, was generally prohibited in Catholic lands after the 10th century, separation of husband and wife and the annulment of marriage were well-known. What is today referred to as " separate maintenance " or " legal separation " was termed "divorce a mensa et thoro" "divorce from bed-and-board".
The husband and wife physically separated and were forbidden to live or cohabit together; but their marital relationship did not fully terminate.
The grounds for annulment were determined by a Catholic church authority and applied in ecclesiastical courts. Annulment was for canonical causes of impediment existing at the time of the marriage. After the Reformation , marriage came to be considered a contract in the newly Protestant regions of Europe, and on that basis civil authorities gradually asserted their power to decree a "divortium a vinculo matrimonii", or "divorce from all the bonds of marriage".
Since no precedents existed defining the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the ecclesiastic courts and freely adopted the requirements set down by those courts.