Should I Get Legally Separated in Illinois?

 Posted on September 05,2024 in Family Law

With people all having things that make them unique, it is no wonder that every couple’s dynamic is unique. And on that same token, ending a marriage can look different for every couple going through it. While divorce is certainly a common method, many others opt for something called legal separation. This article will explore what that entails and why it might be the right choice for you. If you and your spouse want to end your marriage but are unsure how to proceed, speak with an experienced Naperville, IL family law attorney to learn more.

Opting out of Divorce

There are several reasons why a couple that no longer wants to be married might look for an option that does not entail divorce. Some of these reasons are:

• Religion: Depending on the religion you were raised with, you might have certain beliefs that oppose the idea of divorce. Just because you want to end your marriage does not mean you need to turn your back on your faith.

• Family: Often, people who opt for legal separation are motivated by their family’s opposition to divorce, which can be due to societal taboo, family tradition, or other pressures. If your family frowns on divorce, you might seek another option so you can still maintain these important relationships.

• Uncertainty: If you are unhappy in your marriage but not completely certain that there is no hope for improvement, you might worry about the finality of a divorce. Some people consider their legal separation a trial period before moving forward with a divorce.

Legal Separation vs. Divorce

Divorce and legal separation share similar characteristics, as both are ways to separate a married couple. The main difference is that a divorce officially ends the marriage, and the spouses are considered single afterward. When a couple gets legally separated, although they live apart, they are still married.

In both cases, the court will issue a formal agreement outlining how the couple will handle matters like child support, child custody, division of assets and property, and other rights and responsibilities. However, a divorce is final while legal separation leaves open the option for reconciliation. If a separated couple decides that there is no way they will get back together, they will need to go through a formal divorce process to finalize the end of their marriage. Divorce is also necessary if either wants to marry someone else. 

Additionally, legal separation can allow spouses to retain some of the benefits that are sometimes associated with marriage, like health insurance, whereas divorce is generally a complete financial separation.

Schedule a Free Consultation with a DuPage County, IL Family Law Attorney

There are many reasons why a couple might prefer legal separation over divorce. Speak with a skilled Naperville, IL divorce lawyer to see which option might suit you best. At Pesce Law Group, P.C., we are dedicated to helping families find the best solutions to serve their interests. Call us at 630-352-2240 to schedule a free consultation.