DuPage County Lawyers Helping You Decide if Legal Separation is Right For You
A legal separation is not the same as a divorce, although it will involve some of the same issues. There is often confusion about whether you are required to get a legal separation before you get divorced. Legal separations are useful in some situations, but they are not a divorce requirement.
If you have questions about legal separations, contact Andrew Cores Family Law Group. Our experienced Illinois divorce lawyers can explain how legal separations work and help you decide if it is advisable in your case. Please call our office at 630-407-1225 to schedule an appointment with a family law attorney.
The Difference Between Legal Separation and Divorce
To obtain a legal separation, a petition must be filed with the court asking that the court grant the parties a legal separation. This petition and the subsequent proceedings will typically follow a similar format as a petition for divorce.
A legal separation does not end a marriage. It is a court order specifying the terms of the separation, which may include decisions about spousal support, parenting time, allocation of parental responsibilities, and child support. If necessary, a couple may ask a family court judge to make decisions about how these issues will be handled. A legal separation agreement may also address property division, but a judge cannot make any decisions regarding how assets and debts will be divided or who will be able to continue living in the marital home during the separation. A couple will need to work together to reach agreements on property division, and a judge may approve an agreement or disapprove it because it is unfair to one party.
Generally, any property obtained by either spouse after a legal separation is not considered marital property. If the couple decides to divorce in the future, neither spouse can claim the property acquired by the other during the separation. In some situations, a couple may elect for a legal separation in order to maintain some of the benefits of being married, such as a family medical insurance plan provided to one spouse through their employment. In other cases, spouses may use legal separation as a trial to determine whether they should proceed with a divorce, or they may wish to remain married for religious or cultural reasons even if they are no longer in a relationship. A couple can choose to divorce or reconcile at any point after a legal separation, but if either spouse wishes to marry a new partner, they will first need to legally terminate their marriage through divorce.
Contact Our Wheaton Legal Separation Lawyers
At Andrew Cores Family Law Group, our attorneys can advise you on whether legal separation or divorce may be the right choice for you, and we can provide you with representation to ensure that all legal issues will be addressed correctly during your case. We have offices in DuPage County and Kendall County. To set up a free consultation, please call 630-407-1225 or contact us online.
