What is the Difference Between Legal Separation and Divorce? 

 Posted on March 01, 2022 in Chicago divorce attorney

Each marriage has its own individual needs and unique dynamic, so there is no “one size fits all” solution to marital problems. While some couples decide legal separation is the right approach for their family, others believe divorce is the best decision. By understanding the difference between separation and divorce, couples can make an educated decision on what is best for them.

What is Legal Separation?

Separation refers to couples who are still married but choose to separate either geographically or financially from one another. Separation and legal separation are not the same things. When couples are legally separated, they make legally-binding agreements about child custody, property division, and other divorce matters but remain married.

Usually, couples that are separated live in separate homes. However, this is not required. Some couples will file for legal separation but choose to remain living together to help take care of the children or other familial responsibilities.

During a legal separation, couples will not be able to remarry. However, most separated couples will live independently and even choose to date other people. Separation is right for couples who need space from their partner to think over the idea of divorce, or for couples who are not willing or able to divorce but wish to be apart from their partner. Reasons that couples may choose to avoid a divorce include religious affiliation, financial benefits from marriage, or for the children's wellbeing. Separated spouses may request spousal support or child support.

Sometimes, choosing to dissolve a marriage is the best option for families. Divorce will terminate the marriage and leave both parties free to remarry. Where separation is usually temporary, divorce is permanent.

How to Prepare for a Separation or Divorce

If you are choosing to separate or divorce your partner, it is in your best interest to speak with a divorce attorney who can help you weigh your options. Both legal separation and divorce can be complicated processes. Couples must divide assets, allocate parental responsibilities, and handle finances. A lawyer can help walk you through which avenue is appropriate for your current situation and how to begin preparing all of the necessary paperwork.

Speak With a Kendall County Divorce and Family Attorney

If you are an Illinois resident looking to separate or divorce from your partner, our Kendall County divorce lawyer has years of experience and is available to help you understand your legal options and prepare. At the The Law Office of Matthew M. Williams, P.C., we understand the gravity of this decision and are here to support you. Call us today at 630-409-8184 and schedule your initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000