What to Do If You Are in Divorce Limbo

 Posted on December 13, 2016 in Divorce

Divorce attorneys commonly see couples who no longer wish to be married but will not take the necessary steps to get a divorce. This situation can arise when the couple has drifted apart, is living apart, but neither spouse wants to bring up the topic of divorce. Such could also be the case if the couple has agreed to divorce, but neither spouse wants to initiate the process. If you find yourself in somewhere between married and divorced, there are some things you can do to move the process along.

Risks of Staying in Divorce Limbo

Legal and financial professionals advise against staying in divorce limbo for several reasons, including:

• Reduced control over marital property. If your estranged partner suddenly loses a lot of money, it is likely that you are also losing a lot of money. Illinois law recognizes most property acquired during a marriage to be marital property, subject to division in divorce. Living apart does not mean that your marriage has ended, and any financial losses your spouse experiences may affect you as well. Being legally married but not having the close relationship married people typically have means that you could be unaware that marital property is being used in a way that you do not approve;
  
• The divorce proceedings could become less amicable. You and your spouse may have separated in a civil, courteous manner, but feelings can change quickly if one spouse begins to date again. Waiting to get a divorce can give spouses additional ammunition in the upcoming proceedings;
• A spouse may move out of state. It is common for each party to move shortly after separation, but, in some cases, one spouse will move to another state. It is generally easier on everyone involved to conduct the divorce proceedings from within the same state. Also, if you are seeking a divorce, you typically must show that you are a resident of the state for a certain period of time. In Illinois, that time period is 90 days.
• A spouse can hide assets. Given enough time, it may be possible for your spouse to hide or disguise marital assets. For example, your ex may put large sums of money into accounts set up for children of a prior marriage, or your ex may write his friends checks for “consulting fees.” There are numerous ways to hide assets, and extended waiting periods make such covert (and illegal) actions possible.

Steps to End Long-Term Separation

The good news is that, in Illinois, both spouses need not agree to the divorce. In fact, the other spouse does not have to appear in court at all in order for a divorce to be granted. To learn more about your options for beginning the divorce process, contact an experienced Naperville family law attorney today. Call Pesce Law Group, P.C. at 630-352-2240 for a free consultation.

Source:

https://www.illinoislegalaid.org/legal-information/getting-divorce