Kane County Legal Separation Attorney

Lawyer for Separation Agreements in Kendall County

There are many reasons you may consider divorce, but ending a marriage is a big step that will require major life changes. Because the dissolution of your marriage can affect your children, your living situation, your family relationships, and more, you and your spouse may wish to separate while you determine whether to go ahead with your divorce. Even if you do end your relationship, you may want to remain legally married for religious or financial reasons. In these cases, legal separation can ensure that your rights are protected, and it can provide a framework for success in your ongoing relationship with your spouse and your children.

I am Attorney Matthew M. Williams of The Law Office of Matthew M. Williams, P.C., and I have been working in the field of family law for more than 15 years. If you are considering a legal separation, I can help you understand your rights and work with you and your spouse to create an agreement that will address your concerns and meet your family's needs.

Legal Separation in Illinois

Under Illinois law, the process of legally separating from your spouse is very similar to divorce. Either spouse can file a petition for legal separation, and during the legal proceedings, the court will address how certain matters will be handled while the two of you are living separately. Spousal maintenance and/or child support may be awarded, and you and your spouse may decide on the ownership of marital property during the separation. Either spouse may file for divorce at a later date.

Typically, spouses who decide to legally separate will create a separation agreement that addresses the various aspects of their relationship while they are separated. Your separation agreement may include decisions about:

• Allocation of parental responsibility and parenting time: How will you and your spouse make decisions about how your children should be raised? What rules will be followed regarding discipline, schoolwork, curfews, etc.? When will children spend time with each parent? What types of communication are allowed between parents and children?
• Child support: If the children will be primarily living with one parent during the separation, the guidelines defined in Illinois law may be used to determine each parent's financial obligations toward the children.
• Spousal maintenance: Will one spouse need financial support to maintain their standard of living? How much support will be paid, and how long will it last?
• Property division: Who will live in the family home? How will funds in joint bank accounts be divided? Who will be responsible for paying joint debts, including credit cards, auto loans, and mortgage payments?
• Tax issues: Will you and your spouse continue filing joint tax returns? If you file separately, who will claim children as dependents? Who will be responsible for paying property tax on the marital home?

Settling these issues through a legal separation can help you avoid confusion and allow you to establish a life separate from your spouse. It can also create a framework to follow in the case of divorce, reducing the potential for conflict if you decide to dissolve your marriage in the future. There is no time limit for legal separation; you can remain married and legally separated indefinitely. However, if you wish to get married to someone else, you will need to legally end your marriage before doing so.

Contact a Kendall County Family Law Attorney

If you are unsure about going through with your divorce, or if you want to explore other options, you may wish to consider a legal separation. To learn more about how I can help you create a separation agreement that protects your rights and meets your family's needs, contact my office and arrange a confidential consultation by calling 630-409-8184.