What are the consequences of a non-legal seperation?

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What are the consequences of a non-legal seperation?

My husband is looking to do a non-legal separation. He asked that I find an apartment for him and our 2 young children to live in. I work full-time while my husband watches the children. He got injured and can’t work, however, he does qualify for disability so we live off my income. He wants the kids to live with him during the week and me on the weekends but he wants me to sign a handwritten paper stating the arrangements. I keep telling him that it needs to be legal. How legal is this document? I don’t want him to try and say I abandoned our children because they would be living with him weekly. Should I speak with a divorce attorney? In Rolling Meadows, IL.

Asked on March 26, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  Yes, you should absolutely speak with an attorney on the matter.  And you should steer clear of signing anything that has not been drafted or at least reviewed by an attorney so as to protect your rights and the rights of your children in this matter.  And your Husband should also have an attorney review the document on his behalf for the same reasons.  You can absolutely agree on the underlying terms of the separation, on the child custody issues, etc.  Child support is generally set by a statutory guideline and that can not be deviated from.  But you are entitled to see your children more than on just the weekends.  Get help here.  Good luck.


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