What is the Difference Between Divorce and Legal Separation?

 Posted on December 31, 2024 in Divorce

When a marriage in Illinois seems to be ending, couples can face a difficult decision: should they get a divorce or a legal separation? Both options are ways to end the relationship, but there are several key differences. To understand these differences and how they affect finances, property, custody arrangements, and more, speak with an experienced and knowledgeable DuPage County, IL family law attorney.

What Happens in a Divorce?

Divorce is the legal process a couple goes through to end their marriage. The court legally dissolves the marriage and the couple is no longer legally married. Part of the process involves the division of marital property, determinations about spousal support (alimony), and decisions about child custody and child support issues. Once a divorce is finalized, both former spouses are free to marry again.

What Happens in a Legal Separation?

Legal separation does not end the marriage. A legally separated couple is still married, but the spouses live apart. Legal separation is similar to divorce because the court can order the division of property, child custody arrangements, and spousal support. However, the couple is still legally married. The spouses cannot remarry unless they go through a divorce first.

Legal separation allows couples to live separately while remaining married. This is a good option when couples want to live apart but are not yet ready for the finality of divorce. Some couples use legal separation as a step toward reconciliation or as a way to work out issues before deciding whether divorce is the right choice.

Key Differences Between Divorce and Legal Separation

There are several differences between divorce and legal separation. Some of these include:

Marital Status and Remarriage

The main difference between divorce and legal separation is that divorce ends the marriage, while legal separation keeps a couple married. Spouses who are legally separated cannot remarry. Ex-spouses who have gotten divorced can.

Finality

Divorce is a final step that officially ends a marriage, while legal separation is commonly considered a temporary step. Some couples get legally separated as they try to figure out whether they want to stay married or move forward with divorce. They can reconcile and resume their marriage if they want. This differs from the finality of divorce, which completely ends the marriage.

Custody and Support

In both divorce and legal separation, courts can make decisions about child custody, child support, and spousal support. However, since legal separation does not end the marriage, these decisions may not be as permanent as they are in a divorce.

When deciding between divorce and legal separation, the couple’s specific circumstances are examined. If you are sure you want to end your marriage and move on with your life, a divorce is likely the right choice. However, if you are uncertain about ending the marriage but need to live apart while trying to figure it out, legal separation can provide a temporary solution.

Contact a Lombard, IL Family Law Attorney

If you are trying to decide whether divorce or legal separation makes the most sense in your situation, speak with a skilled DuPage County, IL divorce lawyer who can help you understand your options. At A. Traub & Associates, we are dedicated to providing our clients with enough information to allow them to make informed decisions. Call us at 630-426-0196 to schedule a private consultation.