St. Charles Legal Separation Attorneys

Legal Separation Lawyers Serving Kane County and the Surrounding Areas

Sometimes, couples choose to live apart but are not ready to end their marriage. Having a legal judgment specifically delineating each person's rights and responsibilities in these situations can be helpful for some, particularly when there are children involved. At the Kane County family law firm of Goostree Law Group, we are skilled in helping clients obtain legal separations. Our attorneys will walk you through the process and make sure your rights and interests are protected at every turn.

Legal Separation in Illinois

When people say they are "separated," they may or may not be legally separated. Many married people move to separate residences without formalizing their separation or taking steps to dissolve their marriage through divorce. Having a formal legal order, however, can be very helpful. When everyone knows what is expected of them, there is less likelihood of disagreements and disputes arising.

In Illinois, a "Judgment for Legal Separation" is available to any married couple who is living separately. Similar to a divorce, a legal separation contains provisions regarding:

Legal separation agreements or judgments will also define property ownership and occupation, such as who will reside in the family home and who will own other types of marital property. However, these issues must be resolved through agreement between spouses. Unlike a divorce, a judge cannot make decisions about how property will be divided between spouses in a legal separation, and they can only sign off on a property division agreement or reject it because it is very unfair to one party. In matters related to child custody or spousal support, a judge may make decisions about how these issues will be handled while a couple is legally separated.

A legal separation can serve as a template for making similar arrangements should the couple choose to file for a dissolution of marriage in the future. If a couple chooses to reconcile, their legal separation can be ended, or a separation agreement can be renegotiated or modified based on changes experienced by either party or their children.

Benefits and Drawbacks of Legal Separation in Illinois

Getting a legal separation is not the best choice for everyone, but for some people, it can a smart option. Couples who wish to experiment with living apart on a trial basis but would like some legal clarity about each spouse's rights and responsibilities may benefit from a legal separation. Many couples ultimately decide to reconcile following a legal separation. Likewise, some couples may choose to remain separated indefinitely without reconciling or pursuing a divorce for financial reasons. Doing so, however, would prevent either spouse from remarrying.

Contact Our St. Charles Legal Separation Lawyers

If you are interested in a legal separation, contact us at 630-584-4800 to schedule a free consultation. Our attorneys will explain the process and answer your questions. We will help you examine the benefits and drawbacks of getting a legal separation, and we will work with you to determine if that is the best option for your specific situation. We work with clients throughout Kane County and the surrounding areas in Northern Illinois.

Back to Top