Why Some Couples Choose Legal Separation Over Divorce

 Posted on April 20, 2020 in Legal Separation

Filing for divorce is a serious and final decision to make about your marriage. Even when couples know that they are unhappy in their marriages, they may be unsure about whether they want to go as far as divorce. One alternative that couples in Illinois have is filing for legal separation. With a legal separation, you can act as if you are divorced without ending your marriage. If you decide you want to stay together, you can simply end the separation agreement. If you decide to end your marriage, you can file for divorce to make your separation permanent.

Why Should You Use Legal Separation?

Couples can separate from each other at any time without needing any official documents. However, they may lack legal protection when it comes to their individual property and parental rights. A separation agreement can work similarly to a divorce agreement, allowing you to settle on issues such as:

• The division of marital property
• The allocation of parental responsibilities
• Child support
• Spousal maintenance

You may be able to continue certain benefits, such as health insurance, that would end if you divorced. If you cannot afford to move out on your own, you can still live in the same household while being legally separated. You would need to show that you no longer live together as a married couple, such as sleeping in individual rooms or separating your finances.

Why Is Legal Separation Uncommon?

Legal separation is not a long-term solution for most couples unless they do not consider divorce an option because of their religious or cultural beliefs. Couples most often use legal separation as a trial period to determine whether they want to divorce. It is an unnecessary step if you are already certain that you want to divorce. Filing for legal separation before your divorce would increase your legal fees and delay the divorce process. You would also be doing most of the work of your divorce without actually getting divorced. You cannot marry another person when you are separated because you are still legally married.

Contact a St. Charles, Illinois, Family Law Attorney

Just as with divorce, you need an attorney if you are planning to file for legal separation from your spouse. The process involves filing paperwork, meeting legal requirements, and negotiating a settlement with your spouse. A Kane County family law lawyer at Goostree Law Group will advise you on the advantages and disadvantages of legal separation in your situation. To schedule a free consultation, call 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000