Can I Get Legally Separated Instead of Divorced in Illinois?

 Posted on December 22, 2023 in Divorce

Many people who wish to end their marriage commonly consider divorce as their option. Others might not feel ready to take this major step, for a number of reasons. If your marriage is no longer working for you but the idea of divorce feels too extreme, at least for now, you might consider legal separation. A knowledgeable Kane County, IL legal separation attorney can explain what is involved and help you figure out the best path forward for you.

Why Choose Legal Separation?

No two people are the same. People have their own unique personalities, backgrounds, beliefs, and experiences that shape them into unique individuals. That is why every couple has unique dynamics and why different solutions work for different couples. While some couples who no longer wish to stay together will find divorce to be the most obvious solution, others might seek another option for several reasons, including:

• Uncertainty: They may wish to experience what it might feel like to be apart before getting legally divorces, to make sure this is the right step for them.
• Religious opposition: They may have religious beliefs that oppose the idea of divorce.
• Practical and financial considerations: They may wish to maintain tax and healthcare benefits, among others.

Divorce and legal separation are quite similar processes, and they are filed in the same way, requiring a court judgment. However, if you are legally separated, you will need to officially file for divorce before you can marry someone else.

Similar to divorce, if a couple is filing for legal separation, they will need to reach settlements on factors such as:

• Parenting Plan
• Parental responsibilities
• Child support
• Spousal support/alimony

In addition to those issues that require agreement, there are other optional issues that a couple can decide on and include in their separation. One of these issues is the division of assets. If a couple has come up with an asset division agreement, this can be submitted to the court, but it will not be approved if it is not considered a fair division. Likewise, the court will only divide property and assets in a legal separation if there is a clear agreement between the two spouses. If, however, the agreement is approved, it is binding and final.

As previously mentioned, some couples choose to get legally separated as a way to decide whether divorce is truly the right step for them. If they ultimately find that they do wish to get divorced, some issues like child support and spousal support will need to be decided again in the divorce proceedings.

Schedule a Free Consultation with a St. Charles, IL, Legal Separation Lawyer

If you and your spouse no longer wish to stay together but feel that divorce might not be the right step for you, legal separation might be a good option. An experienced Kane County, IL, divorce attorney will be able to share their knowledge to help you decide. Please call 630-584-4800 to schedule a free consultation with one of our excellent lawyers at Goostree Law Group.