Divorce can be a complex and challenging decision to make, especially when you find yourself living with a spouse who is no longer your romantic partner. If you are in Illinois, it is indeed possible to obtain a divorce even if you are still cohabitating with your soon-to-be ex-spouse and no longer share a romantic relationship. This article aims to provide you with a basic understanding of how you can navigate the process of divorce under these circumstances in Illinois.
Understanding Legal Separation vs. Divorce
Before delving into the details of obtaining a divorce while cohabitating with your spouse, it is crucial to distinguish between legal separation and divorce. Legal separation entails a court-ordered arrangement where a married couple lives apart from each other. Although a legal separation does not terminate the marital bond, it allows the couple to establish separate living arrangements, divide their assets, and establish custody agreements.
On the other hand, a divorce completely dissolves the marriage and eliminates all legal ties between the spouses. Initiating a divorce requires filing a petition with the court and participating in hearings to address various issues like child custody and property division.
Coexisting with Your Spouse during Divorce in Illinois
In Illinois, you can pursue a divorce even if you are still living with your spouse by seeking what is commonly referred to as a "separate and apart" divorce. This type of divorce allows couples to end their marriage while residing in the same place, provided they are no longer engaged in a romantic relationship. To qualify for a "separate and apart" divorce in Illinois, you must have resided separately from your spouse for at least six months prior to filing for divorce. However, if you are sharing the same residence, it is imperative that you maintain physical separation and abstain from any intimate acts.
Initiating the Divorce Filing Process
To initiate the divorce process in Illinois, you need to consider if you would like to hire an attorney or handle the paperwork yourself. If you opt for self-filing, you must gather the appropriate forms and submit them to the circuit court in the county where either you or your spouse resides. The required forms typically include a Petition for Dissolution of Marriage and a Summons.
Navigating Divorce Proceedings
Once you have submitted the necessary paperwork, you will need to wait for your spouse to be formally served with the divorce papers. Once the service has been completed, a hearing will be scheduled to address various aspects of the divorce, such as child custody, child support, spousal support, and the division of marital property. In case you and your spouse are unable to reach a mutual agreement on these matters, a judge will render a decision on your behalf.
Conclusion
Undertaking a divorce is undoubtedly a challenging process, particularly if you are still cohabitating with your spouse. However, it is important to bear in mind that terminating your marriage while residing with your spouse is feasible. If you are contemplating divorce in Illinois, make sure you are well-informed about your rights and the legal requirements in your state. In Illinois, a "separate and apart" divorce is an option provided you adhere to all the necessary requirements to ensure the validity of your divorce. If you find yourself unsure about how to proceed, it is always advisable to seek guidance from a seasoned family law attorney.