Is Legal Separation a Good Option in Illinois?

 Posted on January 16, 2024 in Divorce

Fighting is a normal part of marriage. Generally, in a healthy marriage, the spouses can take some time to process their anger, and then figure out together how to move beyond the argument and forgive each other. For some couples, the fighting never ends. People who find themselves constantly fighting at home might want to stop it from happening, and one way to do that is to end the marriage. If you and your spouse are no longer happy in your marriage but you are not yet ready for divorce, a Wheaton, IL divorce lawyer can explain what happens in a legal separation and see if it might be a good option for you.

Why Choose Legal Separation Over Divorce?

Some people have the mistaken idea that legal separation just means one of the spouses moves out. In truth, it is very similar to divorce. Couples who are legally separated remain married but can maintain completely separate lives. Much like divorce, legal separation also requires that the spouses undergo a legal process to figure out how their future finances and parenting will look once they are no longer living together as a married couple.

A legal separation settlement cannot be transferred and converted into a divorce settlement. Any settlements reached in legal separation would need to be discussed all over again for a couple to be officially divorced. As a result, some might think it would make more sense to just get divorced already. However, there are several reasons people might prefer to remain married even though they are ready to live separate lives. These include:

• Finances: In most cases, pension and insurance benefits that a married couple has remain the same after legal separation. This is not generally the case after divorce.
• Family: Maybe the couple has young children and they feel they would like to stay married for their sake. Maybe their parents do not approve of divorce. There are several family-related reasons why a couple would rather not get divorced.
• Religion: Some religions do not approve of divorce.
• Uncertainty: Some couples might be sure that they cannot be together, but they may not be so sure that that will remain the case forever. If they still believe there is a chance for reconciliation, a legal separation may seem like a less final option than divorce.

Schedule a Free Consultation with a DuPage County, IL, Legal Separation Attorney

If you and your spouse find it nearly impossible to be together but you are not yet ready for the finality that divorce brings, there are always other options available. A Wheaton, IL, divorce lawyer can explain what is involved in a legal separation and help you figure out if it might be a good choice for you. Call Goostree Law Group at 630-364-4046 to schedule a free consultation.