When a couple no longer wants to be married and live together, they may get a divorce or they may become legally separated. Unlike many states, Illinois does still recognize legal separations and there are many reasons a couple may decide to get one. However, when a couple does obtain a legal separation, it sometimes leads to many questions. One of these is whether they are still eligible to get a divorce once they have legally separated. In short, being legally separated does not prevent a couple from officially ending their marriage in divorce in the future.

Reasons for Legal Separation

There are many reasons a couple may choose to opt for a legal separation instead of divorce. One of these is for religious purposes. Many religions forbid divorce and so, a couple may choose to get a legal separation that allows them to act and live as a divorced couple without officially ending the marriage. In this instance, it is unlikely that a couple would get a divorce in the future unless they left their religion or went against it.

In other cases, a couple may choose a legal separation rather than a divorce for health reasons. For example, one spouse may become very ill and require extensive medical treatment. On their own, they may not be able to afford that treatment on their own. However, if they are listed on their spouse’s health insurance, the couple may choose to obtain a legal separation rather than a divorce. Once the spouse that was ill recovers and does not require the costly medical treatment, the couple may then choose to get a divorce.

After a divorce, entering into a romantic relationship with another partner is very exciting. Many times, people even want to get remarried, which is another exciting prospect. However, if you are considering remarriage after getting a divorce, there are some very important factors to consider first. Any new marriage you enter into will not only affect you and your new spouse, but also your former spouse and your children.

Spousal Maintenance Considerations

If you are receiving spousal maintenance, also known as alimony, a remarriage will have a great impact on it. In Illinois, recipients of spousal maintenance do not continue to receive it once they get remarried. This is because it is presumed that the new spouse can provide financial support instead of the spousal maintenance payments. If you are receiving spousal maintenance from your former spouse, you need to consider the effect of no longer receiving these payments.

On the other hand, if you are the spouse making maintenance payments, you will still be obligated to pay them after getting remarried. You will still need to consider the impact these payments will have, and if you can afford to financially support your former spouse as well as your new family.

Weeks after the sad death of Larry King, his widow is now challenging his will in court. Larry King’s widow, Shawn Southwick King is arguing that her husband did not have the mental capacity to draft a will, which he wrote two months after filing for divorce from Shawn. She is also stating that he was influenced by other people when creating his will. Although Larry King had already filed for divorce, the case was not yet finalized. While the case contesting the will is still ongoing, it does highlight the need for divorcing couples to revise their wills when their marriage has come to an end.

How Wills are Treated During Divorce

A last will and testament is the foundation of many estate plans. Within a will, a person can state their wishes pertaining to the distribution of their assets upon their death. Wills can also name an executor, or the person responsible for managing the estate during the probate process, as well as the guardianship of minor children.

The law in Illinois states that when a person gets a divorce and has a valid will in place, the will remains valid and the probate courts will not revoke it. However, any provisions that pertain to the deceased’s former spouse are revoked. The law treats these wills as though the former spouse passed away before the testator did.

Mediation is an option for couples that are going through a divorce and want to avoid litigation. During mediation, the couple meets with a mediator who is a neutral third party. The mediator’s main job is to foster compromise between a couple so they can reach an agreement on all terms of the divorce and avoid a trial. For many couples, mediation has many benefits, but there are some drawbacks to the process, as well.

The Pros of Entering Mediation

Mediation during divorce holds many benefits for the couple going through it. Some of the biggest benefits include:

• Cost-effective: Mediation is typically less expensive than going to trial. In fact, mediation is said to save couples as much as 60 percent during a divorce. One reason mediation is so cost-effective is because costs, such as court fees, are not required and because mediation is generally a much quicker process than litigation.
• Confidential: Mediation is also confidential, which is not the case for litigation. Court records are public and so, anyone can look up the records or transcripts. It is true that people do not typically go searching for the court records of a couple once they have gotten a divorce, but if confidentiality is important to you, mediation may be something you want to consider.
• Control: During a divorce trial, a judge will make all of the decisions and their ruling is final. While you can seek modifications from the court in the future, you will have to live with the judge’s decision for some time. During mediation, on the other hand, the spouses have total control over the process. Although the mediator is there to help the individuals reach an agreement, they do not make any decisions. That is left to the couple, which can result in both spouses feeling as though they benefited from the final agreement.

It is true that mediation holds many benefits for couples, but there are some disadvantages to it, as well.

Timing is crucial with many things in life, and that includes when a person should consult with a divorce lawyer. Some people worry that contacting a lawyer too soon will further impact a marriage and contribute to its demise. On the other hand, many people understand that waiting too long to speak to a divorce lawyer can severely affect their rights moving forward.

In most cases, it is always best to err on the side of caution and contact a divorce lawyer as soon as you think divorce is an option. Still, there are three times when it is absolutely necessary to speak to a divorce lawyer and these are outlined below.

You are Thinking About Filing for Divorce

When a person starts to think about filing for divorce, they often turn to family and friends, regardless of whether that person has been through the process before. Unfortunately, this sometimes results in a person getting advice that is not only inappropriate, but that is also not true.