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    dakotaone's Avatar
    dakotaone Posts: 2, Reputation: 1
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    #1

    Apr 23, 2014, 10:18 AM
    What's the difference between a legal separation & divocree?
    What's the difference between a legal separation & a divocree in Illinois?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Apr 23, 2014, 10:19 AM
    THe first you are still married... the second you aren't. That applies everywhere...just not Illinois. Most places you have to go through a period of the first...before the second becomes final.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 23, 2014, 10:48 AM
    It is in some respects an anachronism; the idea being that a married woman (in the distant past) didn't have the legal capacity to live apart from her husband unless legally separated. Spousal support (alimony), child support, and possession of property might be involved.

    Quote Originally Posted by smoothy View Post
    ...That applies everywhere...just not Illinois. ...
    Actually, the law doesn't, in one or more states, provide for a separation decree.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Apr 23, 2014, 01:56 PM
    The biggest difference would be that in a Legal Seperation situation you have your seperate rights and responsibilities. But should the other party pass away then you could indeed become responsible for some of the others dealings. The legal seperation would be null and uninforcable in a court of law should the other party pass away. With Divorce there is a total severance of rights and responsibilities from the marriage. The only thing left over would possibly be social security depending on length of marriage.
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