Is Legal Separation a Good Option for You?

 Posted on October 09, 2013 in Divorce

While a divorce in Illinois is the official legal recognition that a marriage is over, some couples might feel more comfortable with the concept of a legal separation. In a separation, the marriage is not officially terminated in a legal sense. Spouses are prohibited from marrying anyone else during a legal separation, and the court can make decisions regarding child custody, spousal maintenance, and child support. If you’re not ready to legally end your marriage, hiring an attorney to help you with a legal separation may be a better choice for you. A legal separation can be appropriate for those couples who don’t think they can live with their spouse anymore. This can allow some breathing room and an opportunity for both individuals to think about and work through issues. Legal separation can be less financially damaging than divorce, especially if you decide to permanently stay separated without going through the legal actions of divorce. Some couples may eventually decide to come back together with a better understanding of one another’s needs, too. There are downsides to legal separation, however. Parents living apart can present sudden emotional challenges for your children, so should spend time preparing them for what will be different and ensure that they get some extra attention and love during this period. It’s important to note that unless you ask the court to divide property during a legal separation, it will not happen. While property division is typically part of the divorce process, you shouldn’t automatically expect it with a legal separation. Finally, research points out that 79% of couples who separate end up getting divorced, so simply getting some time apart might not fix your marriage. Legal separation may only serve to delay the inevitable. If you’re thinking about a legal separation, you need the guidance of an experienced Illinois family lawyer to help with your documents to begin.