Is Legal Separation a Good Idea if We Are Not Ready for Divorce? 

 Posted on July 26, 2022 in Family Law Blog

Many couples in Illinois feel as though they have lost a romantic connection or have differences too great to overcome. At the same time, these couples may not be ready to completely commit to a divorce - now or ever. When this happens, Illinois law offers an alternative option that may be a better fit: Legal separation. If you want to officially separate from your spouse but do not want a divorce, read this overview of legal separation and then talk to a DuPage family law attorney about your options.

What is a Legal Separation in Illinois?

When married couples who want to separate move out of the marital home, they may be physically separated but they have not yet gotten legally separated. Legal separation is not merely living apart; rather, it is a legal term that describes formally separating your life with your spouse in virtually the same way as a divorce without actually getting divorced.

For example, in a divorce spouses must resolve the following issues:

• Asset and debt division

• Child support and spousal maintenance (alimony)

• Parental responsibilities (custody) and parenting time (visitation)

In a legal separation, spouses must also resolve most of these issues, but the process does not end in a formal dissolution of the marriage (couples do not have to resolve questions of property during a legal separation, although they can if they wish). Legally separated spouses cannot get remarried without getting divorced first.

Being legally separated does not stop you from getting a divorce later, but sometimes going through a legal separation and then a divorce can be overly burdensome. This is because the same issues that were resolved during legal separation must be resolved again during a divorce. If you know for sure you will never get a divorce, a legal separation may be your best option. However, if you simply want to live apart from your spouse before making a final decision about divorce, you may want to wait and see how you feel after some time apart.

When is Legal Separation a Better Option Than Divorce?

Only you are qualified to determine whether getting divorced is the right choice. For couples who decide to file for legal separation, their reasons often include:

• Religious objections to divorce

• Tax, insurance, social security, or other financial reasons

• Wanting to separate while unsure of final divorce arrangements

Spouses must physically live apart to file for a legal separation. An attorney can help you file and negotiate a fair agreement about all relevant issues.

Contact a Lombard, IL Legal Separation Lawyer

At A. Traub & Associates, we understand that making the final decision to get divorced can feel like a major hurdle that some people may not be ready to take. If you are interested in a legal separation for any reason, schedule a consultation with the judgment-free DuPage County legal separation attorneys at A. Traub & Associates. We offer a friendly, relaxed environment so you can seek the help you need and feel comfortable asking all of your questions. Call us today at 630-426-0196.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000