Is Legal Separation Right for Me?

 Posted on January 21, 2020 in Divorce

Legal separation is one way that a married couple can live apart, manage parenting issues, and isolate their finances from the other spouse without getting divorced. There are a great number of reasons that a couple may choose to get a legal separation. Separation offers many of the same benefits as divorce, but unlike divorce, separation is reversible. Only you can decide whether or not legal separation is right for you. If you do decide to separate, make sure to understand your rights and responsibilities regarding separation under Illinois law.

Why Do Married Couples Become Legally Separated?

In some cases, a couple knows that there are major problems in their marriage, so they separate for a period of time in order to work on these problems independently. Other times, a couple separates because they are not ready for the finality of divorce but they want to live apart and divide their parental responsibilities and finances until they decide if divorce is the next step. Some religions prohibit divorce, so members of those religions who do not want to live with their spouse get a separation in order to gain some of the benefits of divorce without actually ending the marriage. There also may be tax, social security, and health insurance-related advantages to remaining legally married. Legal separation can also be a great way to protect your finances from a spouse you are currently in the process of divorcing.

Requirements for Legal Separation in Illinois

If you want to file for a legal separation in Illinois, there are a few prerequisites you should be aware of. In order to qualify for separation, either you or your spouse must have lived in the state of Illinois for at least 90 days. For the court to determine the allocation of parental responsibilities and parenting time, your children must have lived in Illinois for at least six months. You must also be living physically apart from your spouse in order to qualify for legal separation. It is very important to note that physical separation is different from legal separation. You may be living apart from your spouse, but you are only legally separated if you request a petition for legal separation and are granted a separation through the court. If you later decide that you want to get divorced, you can file a request with the court to convert your separation into a divorce.

Contact a St. Charles Family Law Attorney

Legal separation offers many of the same advantages as divorce. Legal separation allows you to divide your finances, parental responsibilities, and manage spousal maintenance issues. However, separation does not formally end a marriage the way divorce does. If you have further questions about separation or divorce, want to formulate a legal separation agreement, or have other family law needs, contact Shaw Sanders, P.C. Schedule a consultation with an experienced Kane County legal separation lawyer by calling us at 630-584-5550.

Sources:

https://www.forbes.com/sites/jefflanders/2012/01/10/legal-separation-or-divorce-which-is-better-financially/#79992f715ccf

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