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 Frequently Asked Questions

Frequently Asked Questions

What is the Difference Between Legal Separation and Divorce?

Like a divorce, a legal separation is a formal court proceeding that can resolve issues such as spousal maintenance, child support and allocation of parenting time and responsibility while the parties live separate and apart.  However, unlike a divorce a legal separation does not permanently end the marriage and allows for the possibility of reconciliation. If reconciliation does not occur, the ultimate divorce may be less contentious and costly after legal separation because many of the issues surrounding the divorce have already been resolved in the previous court proceeding.

What is an Uncontested Divorce?

An uncontested divorce is a divorce in which the parties negotiate and come to an agreement on all of the issues surrounding the divorce prior to filing for divorce.  An uncontested divorce can be completed with a single court appearance and is inexpensive.

What is a No-Fault Divorce?

In Illinois, the only grounds for divorce is irreconcilable differences, and thus, every divorce is a “no-fault” divorce.  This is a departure from prior law, which allowed a spouse to allege that the other had committed wrongs like abandonment or extreme and repeated mental cruelty.

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