Frequently Asked Questions About Legal Separation in Illinois

 Posted on March 31, 2021 in Legal Separation

Many couples who are having marital issues often turn to divorce as a solution. However, divorce is a process that should only be used after a couple has given it plenty of thought and they feel as if they have exhausted all of their other options. In some cases, couples may not even realize that there are options other than filing for divorce right away. The state of Illinois also allows couples to file for legal separation instead of divorce if they wish. Many people are unaware of the process and benefits that a legal separation can have, especially for couples who are not yet ready to make the permanent step into divorce. It can be confusing for many couples to determine whether or not they should file for a legal separation. Here are some of the most common questions that couples have about legal separation in Illinois:

What is the Difference Between Legal Separation and Divorce?

In many ways, legal separation and divorce are very similar. Both processes require spouses to come to agreements about various issues, such as property and debt division and child custody if there are minor children from the marriage. Other important issues, such as spousal maintenance and child support are also addressed during a legal separation, just as they are during a divorce. The main difference between a legal separation and a divorce is the outcome of the process. At the end of a legal separation, you and your spouse will still be married, even if you are separated. At the end of the divorce process, you and your spouse will no longer be legally tied to one another.

Do I Need a Lawyer to Get a Legal Separation?

Though it is not a requirement that you retain an attorney to get a legal separation, it is highly recommended that you do so. Creating a marital separation agreement can be just as complicated and time-consuming as creating a divorce agreement, which is why it can be easier with assistance from a lawyer.

Are There Benefits to Getting a Legal Separation?

For some couples, getting a legal separation can have great benefits, especially when compared to getting a divorce. For many couples, a legal separation is a useful stepping stone to divorce, especially if they are unsure that a divorce is what they truly want. A legal separation can be a way for some people to gain the clarity that they need to make informed decisions about their marriage. Other couples may see a legal separation as a good alternative to divorce for other reasons, such as being able to stay on a spouse’s health insurance plan or to get full Social Security benefits.

Our DuPage County Legal Separation Lawyer Is Here to Help

Taking steps toward ending your marriage can be cumbersome for some and downright agonizing for others. At the Law Office of Matthew M. Williams, P.C., we know how difficult it can be for couples to go through any type of process at the end of their marriage, whether that be legal separation or divorce. No matter what you choose, our Aurora legal separation attorney can help. To schedule a consultation to begin discussing your case, call our office today at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000