Chicago Separation Lawyers

What Should You Know About Legal Separation in Chicago?

Let's face it; we all reach the end of our rope at some point. For many people, this happens in their relationship with their spouse. But does that mean that you should file for divorce? Be confident in your decision. If your confidence does not rest in a divorce, a legal separation may be your best bet. However, an Illinois legal separation is not the answer for everyone, and should not be chosen under the assumption that it will be an easier process than divorce.

While your Chicago attorney will do everything to make the process as stress-free as possible, a legal separation requires several family law matters to be organized and assessed with a fine-toothed comb. You have to ensure the well-being of your children, protect your best interests, and secure your finances. This is almost always a complex endeavor.

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What Is Legal Separation?

Couples separate all the time, but a legal separation makes it more concrete through a Petition for Legal Separation and a judgment of legal separation. Most of the same issues that are addressed in a divorce (dissolution of marriage) will be evaluated and established in a legal separation. The Illinois Marriage and Dissolution of Marriage Act provides that an individual living separate and apart from his or her spouse may have justifiable cause for practical spousal maintenance and child support while living apart. Issues relating to property division, parenting time, and allocation of parental responsibilities may also come into play under terms of a legal separation.

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What Are the Benefits of Legal Separation?

A legal separation allows a couple to maintain their status of being legally married while simultaneously reaching technical and legal resolutions that a divorce would provide. Therefore, with a legal separation, you cannot remarry like you would if you were divorced. This can be ideal for a couple who needs space and the opportunity to experience how a life apart from their spouse would be, without officially ending the relationship. However, anyone considering a legal separation in Illinois should know that a proceeding or judgment for legal separation does not ban either spouse from pursuing a dissolution of marriage.

A legal separation may be the best choice for your particular situation if you are concerned about how a divorce will affect the division or value of marital property. If your spouse has proposed the option of legally separating, it would be wise to consult with a Chicago family law attorney to ensure that your financial future will not suffer as a result. Depending on the circumstances, a divorce may be a better solution in the long run.

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Recording the Terms of a Legal Separation

Legal separations have provided couples with the chance to resolve their problems and come back together or reach more agreeable solutions in a subsequent divorce. If you and your spouse are considering entering into a legal separation, consider devising a written agreement with the aid of an attorney. An agreement can establish the duration of your legal separation in terms of when it begins and ends. At that point, you can decide whether you would like to extend the separation, re-enter into the marriage, or file for divorce.

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Working With Disputing Couples to Reach an Agreement

At Nottage and Ward, LLP, our Chicago family law lawyers can help you assess the advantages and disadvantages of a legal separation to determine the best course of action to secure your financial future. Since 1988, our aggressive attorneys have applied unparalleled persuasion and solid communication strategies to help our clients achieve successful resolutions through negotiation, settlement, and/or litigation. If you're seeking a rational answer to an emotional decision, we can help. Contact us today at (312) 332-2915.

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Additional Information

• Pre-Divorce: Navigating Your Emotions During Separation
• Five (Overlooked) Things to Do When You Separate
• Not Feeling The Love This Spring?
• The Value of Spousal Support after a Separation