When you and your spouse realize that your marriage is having problems, you may not want to rush to initiate divorce proceedings. There are other options you can use to try and work on your marriage on your own terms. One of these options is legal separation, which allows you and your spouse to live separate lives while still being married on paper. There are similarities between legal separation and divorce, and an Illinois divorce lawyer can help you understand them.
What Is Legal Separation?
A legal separation is an agreement approved by the court in which a married couple stops living together while following certain stipulations set forth in the agreement. A legal separation does not end your marriage. You are both still entitled to maintain certain marital benefits, such as health insurance and social security. Like every divorce, every legal separation is going to be different.
Many couples that are having problems may view a legal separation as a sort of trial run for a divorce. There are many reasons people may be reluctant to seek a divorce, and those reasons are often personal and unique to the individual. A legal separation follows many of the same procedures for divorce and gives each spouse some much-needed space to consider their future, but it can feel much less final than a divorce.
You may be able to gain some perspective during the separation and decide if divorce is really the route you want to take. When you and your partner work out the separation agreement, you will have to figure out the division of property, division of debt, child custody arrangements, spousal support, parenting plans, and other factors that you would also work out in a divorce. Once a judge signs off on the agreement, you will both be bound to the stipulations therein.
How to File for a Legal Separation
In Illinois, filing for a legal separation is similar to filing for a divorce, with one of the biggest differences being that you can end a legal separation and reverse the process, while a divorce is considered final. Here are the steps to take to initiate a court-ordered legal separation from your spouse:
- File the Petition: To start, you will need to file a Petition for Separation with the Circuit Court in the county that your spouse currently resides in or the county that you both most recently resided in as a married couple.
- Wait for a Response: Once filed, a copy of the filed petition will be sent to your spouse, who is given time to provide a response. If you have both already discussed this and the petition is not a surprise to them, the process may go considerably smoother.
- Attend a Hearing: You will need to attend a hearing and provide the court with grounds for your separation. At the hearing, you and your spouse, as well as your respective lawyers, can negotiate the finer details of the separation agreement, such as property division, child custody, and spousal support. A judge will sign off on it, and your separation will begin.
FAQs
Q: How Is Legal Separation Different From Divorce in Illinois?
A: Legal separation and divorce are very similar legal processes, with both allowing a couple to distance themselves from one another and achieve some much-needed peace. However, divorce is final, while legal separation can be reversed. Legal separation keeps the marriage intact, does not have an established waiting period, allows you to maintain a potential inheritance, and provides some tax relief if you file jointly. Legal separation can be a trial run for a divorce.
Q: What Are the Advantages of Legal Separation?
A: Ultimately, every couple’s wants and needs are going to be different, and it can be difficult to determine what is good for everyone. Still, legal separation has its advantages, which some married couples may prefer over a divorce. For instance, legal separation can be revoked at any time with little hassle. Also, there are no court deadlines to worry about. You have as long as you need to figure things out during a separation.
Q: What Are the Disadvantages of Legal Separation?
A: Legal separation may not be for everyone. Some couples may benefit from going straight to divorce. Legal separation does have some disadvantages. For example, under legal separation, you are still legally married and financially connected to your spouse. Neither of you will be able to marry somebody else until you formally divorce. Additionally, spouses who are at odds with each other may be unable to reach an agreement for legal separation.
Q: Do I Need a Lawyer for a Legal Separation?
A: No, you are not legally required to hire a lawyer for a legal separation. If you and your spouse can reach an agreement by yourselves and take it to court, you can do so. Still, it is recommended that you hire a lawyer any time you are dealing with some sort of legal strife. An experienced divorce lawyer can help you explore your options and explain the benefits and drawbacks of a legal separation.
Reach Out to an Experienced Divorce Lawyer for Information
Pursuing any sort of separation from your marriage can be a difficult and overwhelming situation to find yourself in. The last thing you want to be is unprepared in the event that a legal separation does become a divorce. Hiring an experienced divorce lawyer can make all the difference and provide you with some peace of mind that your case is being handled the right way.
The legal team at Stange Law Firm understands how difficult it can be to realize you need space from your significant other. We can help you work out a legal separation agreement, weigh your options in regard to divorce, and make sure your interests are protected throughout the entire case. Don’t hesitate to reach out to our firm to speak with a valued team member about your case and schedule a consultation. We can offer you the legal support you need.
