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When is Legal Separation Preferable to a Divorce?
When things are not working out in a marriage, the first resolution people tend to think of is divorce. While divorce is often the best way forward for many couples, other couples might give consideration to legal separation, which has many of the same considerations of a divorce such as alimony and child custody without officially ending the marriage.
Depending on your circumstances, you may find that legal separation is a preferable alternative to divorce. A compassionate St. Charles, IL family law attorney can help you with a legal separation, giving you the privacy and space you need to move on with your life. At Shaw Sanders, P.C., our attorneys are ready to help you wherever you are in your marriage.
Social Reasons
A divorce can come with much unwanted attention from both sides of the family. With a legal separation, you may be able to enjoy a greater degree of privacy than a divorce. In a legal separation, you are still considered to be married to your spouse, which can help you avoid uncomfortable questions.
Furthermore, some religions and cultures frown upon divorce, which can be a heavy stigma to cope with. If you and your spouse are going through irreconcilable differences or just an especially rough patch, a separation can help you avoid some of the needless judgment from your community.
Financial Benefits
Sometimes, there are legitimate, pragmatic reasons for you and your spouse to remain married. If your romantic relationship has broken down, but you want to retain the benefits of being a married couple, a legal separation may afford you some peace of mind.
This often applies to spouses wanting to stay together long enough to qualify for social security benefits at retirement age. In other cases, employer benefits can provide an incentive for spouses to pursue legal separation instead of a divorce. Similarly, you may be entitled to maintenance while legally separated under Illinois law.
Time Away From Your Spouse
If you are not sure whether or not divorce is the right choice for you and your spouse, legal separation could give you the perspective you need from living alone without the commitment of ending the marriage. This time apart can give you some clarity about what is best for your long-term stability, especially if children are involved.
If you decide to go through with a divorce after a period of legal separation, you could cut down on the labor significantly. On the other hand, if you decide that you want to terminate the legal separation, you can get back together with your spouse without having to go through the motions of getting remarried.
Meet With a Kane County, IL Legally Separation Attorney Today
The question of whether you should get divorced or legally separated is a sensitive one, and no one can answer it for you. But a St. Charles, IL family law attorney with Shaw Sanders, P.C. can give you guidance during a stressful period of your marriage, keeping you informed of your options and helping you reach the best decision for your family. To schedule a free consultation today, call our offices at 630-584-5550 or reach out to us online.
630-584-5550