Kane County Legal Separation Attorneys

Legal Separation Lawyers Serving St. Charles 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 this arrangement 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 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 legally. 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, or dissolution of marriage, a legal separation contains provisions regarding:

• Child custody;
• Child support;
• Visitation; and
• Maintenance/alimony.

Legal separation judgments also define property ownership and occupation, such as who will reside in the family home and have rights to other marital property. 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, or it can be discarded and these issues can be renegotiated or litigated.

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.

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 help you 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.