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” This question comes up quite often for soon-to-be divorcees.
And, the simple answer should always be: “Not until your divorce is final.” But, life is rarely simple.
Publishing a notice in the local newspaper where the case is pending is a last effort and requires court approval.
If you serve by publication and your spouse does not participate in the case, the court cannot make a final ruling on maintenance, child support, visitation, or division of property until the spouse is personally served or appears before the court.
Hiring an experienced family law attorney to work with you through the process is highly recommended to help you reach your desired outcome.
While Illinois requires grounds for dissolving the marriage, the alleged marital fault or misconduct of either party is not considered in the division of property or in awards of maintenance.
If you find that you just can’t wait until your divorce is final to start dating again, this article provides a few “do’s and don’ts” of dating before you are divorced.
The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. Judges, however, rarely punish someone who begins dating – sexually or otherwise – once they have physically separated from their spouse.
An annulment is different from a divorce because a divorce is an order ending a valid marriage.
In Illinois, a marriage can be annulled if: There is no pre-filing waiting period in Illinois.
The requirement of living “separate and apart” does not necessarily require that the parties be physically separated.
Additionally, periods of living together while attempting reconciliation or continued living in the same residence after the breakdown of the marriage may be considered living “separate and apart” for purposes of the required separation period.
The cost of your divorce will depend on the nature and complexity of your case.