Both separation and divorce are similar on the grounds that you are legally broken up from your spouse. However, divorce is more permanent. In a separation, you remain legally married, but you may live separately and have court orders to allow for custody or visitation agreements. Given that you aren’t divorced in separation, both parties still retain their marital property. This includes the matrimonial home. This is the location where both partners lived prior to separation. Because you both retain the right to marital property, both parties have equal rights to live in the home and share the value of the home if it is sold. If there is conflict in your marriage and both remaining in the matrimonial house is not an option, legal action may be required.
Having an ex-partner leave a family or matrimonial home is a difficult process. You cannot simply force them to exit, the home is still legally their property. If one party wishes the other to leave, it will often require a court order. The court has the power to force one ex-partner to exit the home under the Family Law Act if certain criteria are met. Such criteria include the risk of family violence or harm to the children, or domestic violence. However, domestic violence cases are often handled when an order of protection is applied. The first step to seeking out a court order is to speak with an attorney and identify whether your situation may qualify.
A separation agreement is a legal document that declares both spouses legally separated from one another. When written appropriately, it should contain details about how to divide assets in the separation. This may include but is not limited to assets, debts, child support and visitation, and property division. If ex-partners are living in the same matrimonial dwelling, it may be helpful to draft expectations of that arrangement or detail who should vacate the home. An experienced attorney can help you write out a separation agreement to ensure that all necessary aspects of your life are being covered appropriately.
If a court order for matrimonial home ownership isn’t in your future and a separation agreement isn’t plausible, a divorce proceeding may be your next step. A divorce is a big step in a legal separation, as it indicates that both parties are to be legally divided. Until now, a separation entails physical separation but maintaining of marital property, but this marital property must be divided accordingly in a divorce. If there is certainly no growth left in your marriage, consider a legal divorce. In these, properties – including matrimonial homes – are divided. This means that negotiations are conducted to identify who, if anybody, is permitted to maintain the home. Again, this is a serious step to take in separation and it should be discussed with both the ex-partner and an attorney.
If you’re struggling to identify who retains what property in a separation and would like to alter legal living arrangements in that separation, working with a lawyer may be beneficial. Andrea Heckman Law has experience in both legal separations and divorce. To start discussing how we can best suit your needs in your separation, contact us today for a consultation.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.