Should I Get a Legal Separation if I Am Not Ready for Divorce?

 Posted on February 26, 2021 in Family Law

As any married individual can attest to, it is not always easy to know when a marriage is truly over. You may be unhappy in your relationship, but you may still have a glimmer of hope that you and your spouse can resolve your differences. However, even if you are not yet ready to pursue a divorce, you will likely still need to address key issues related to your finances and your children. In situations like these, a legal separation may be the right choice. Read on to learn about the purpose of legal separation in Illinois as well as the differences between legal separation and divorce.

Understanding The Process of Getting Legally Separated in Illinois

There are many misunderstandings about what it means to be legally separated. A legal separation does not simply mean that you and your spouse are living separately; instead, it is an official legal status. During a legal separation, you and your spouse can establish arrangements about the same issues that you would need to address during a divorce. You may then submit your agreements to the court, and these agreements will become legally-binding court orders. During a legal separation, you can formally address:

• Spousal maintenance (also called spousal support or alimony)

• Allocation of parental responsibilities (formerly called child custody)

• Allocation of parenting time (formerly called visitation)

• Division of marital property and debt

• Child support

If you cannot reach an agreement about maintenance, parenting time, or parental responsibilities, you can ask the court to decide for you. Illinois courts typically do not make determinations about the division of marital assets and debts during a legal separation. If you and your spouse can reach an agreement about how to split up your property, you can submit it to the court for approval, and the court will likely uphold your agreement.

Is Legal Separation Right for Me?

There are many reasons that you may want to get legally separated. You may wish to separate your finances from your spouse’s finances or establish child custody provisions, even if you are not ready to actually end your marriage. You may need to stay married for religious or personal reasons. Staying married but legally separated may also allow you to stay on your spouse’s healthcare plan or to claim his or her Social Security benefits when you do get divorced. Legal separation may be right for anyone who wants the legal protections offered by divorce but are not ready to legally dissolve their marriage. A legal separation does not end your marriage, so if you and your spouse rekindle the relationship, you will not need to get remarried.

Contact a Wheaton Legal Separation Attorney

For legal support and assistance with divorce, legal separation, and other family law issues, contact The Stogsdill Law Firm, P.C. A DuPage County divorce lawyer from our firm can explain the advantages and disadvantages of each of your legal options and help you take the legal action that best fits your unique situation. Call 630-462-9500 for a personalized consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=3800000&SeqEnd=5300000