Legal Separation and Mediation and Counseling requirements in Illinois.

 Posted on May 15, 2013 in Family Law

There are several options available to you in Illinois if you are considering a divorce, but are unsure. You should discuss your situation with an attorney, and consider a legal separation, or mediation and counseling.

Legal Separation

If two spouses are living separately and there is no fault in the marriage, one spouse can legally ask for reasonable support and maintenance during the time that they live apart. The respondent is the spouse that will have to provide support and maintenance, and the petitioner is the spouse that requests it. If the respondent is not found in the state, the petitioner may bring the case to the circuit court. The case will be similar to a dissolution of marriage case.

Mediation and Counseling Requirements

If, during the case, the court decides that there is a chance for reconciliation of the marriage, the court may order a conciliation conference. Either party may also request a conciliation conference. This conference, along with counseling, must take place at the established court conciliation service of that particular judicial district or a similar facility that has not yet been involved with the couple. If the dissolution of marriage involves children, the court may motion orders to the couple to attend an educational program about the effects of dissolution of marriage on children.

If you are going through a divorce or considering divorce, or some other form of legal separation in Illinois, contact Martoccio & Martoccio attorneys for assistance on your case. These experienced divorce lawyers will help you in your separation case in DuPage, Cook, Kane and Will Counties in the state of Illinois today.