Chicago Separation Lawyers
Do You Need a Proven Chicago Legal Separation Lawyer?
Let's face it—we can 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?
Legal separation is not the same as a divorce. For many couples in Chicago, it serves as a structured solution to manage financial and parental responsibilities while remaining legally married. Whether driven by religious beliefs, financial considerations, or a trial step before divorce, a legal separation offers protections that informal separation does not.
A legal separation requires several family law matters to be carefully assessed. It’s essential to ensure the well-being of your children, protect your best interests, and secure your finances.
At Nottage and Ward, LLP, our attorneys provide clear guidance that is tailored to your unique goals. We will always approach your case with the sensitivity that difficult family matters require.
Why Choose Us Over Other Legal Separation Lawyers in Chicago?
- 35+ years of exclusive family law experience
- Listed in the Martindale-Hubbell Bar Register of Pre-eminent Lawyers
- Experienced in high-net-worth separations involving complex asset division
- Thoughtful representation for same-sex couples and professionals
- Proven success negotiating parenting agreements and financial terms
- Known for compassion and intelligence in sensitive legal matters
What Is Legal Separation in Illinois?
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 the allocation of parental responsibilities may also come into play under the terms of a legal separation.
What Are the Requirements for a Legal Separation in Chicago?
To file for legal separation in Illinois, one spouse must be a resident of the state. Unlike divorce, legal separation does not require a 90-day residency period prior to filing, but the couple must be living apart at the time of filing.
The petitioner must file a Petition for Legal Separation with the appropriate circuit court. The court can enter orders regarding maintenance, parenting time, and child support as part of the legal separation, but cannot divide marital property unless both spouses agree to it.
Legal separation does not dissolve the marriage. Both spouses remain legally married and cannot remarry unless they later obtain a divorce.
Why Should a Couple Choose a Legal Separation?
There are several reasons why couples in Chicago may choose legal separation over divorce:
- Religious or moral beliefs that discourage divorce
- Financial reasons, such as maintaining health insurance or tax benefits
- Uncertainty about ending the marriage, but needing a legal structure
- Protection from liability for the other spouse's debts
- Clarity regarding parenting time, support, and responsibilities during the separation
Legal separation provides many of the legal protections of divorce without formally ending the marriage. For some couples, it serves as a useful step toward resolution, whether that leads to reconciliation or eventual divorce.
Past Client Testimonials
“The Strongest Representation I Could Ask For” - Anonymous (5-Star Avvo Review)
Leslie has been the strongest representation I could ask for in a very complicated emotional matter. She has continuously looked out for my best interest & the best interest of my son. Always prompt in getting back to me & keeping me well informed.
“He Gets to the Heart of the Matter and Gets Results” -Jennifer (5-Star Avvo Review)
A true family advocate, Mr. Knipmeyer is a matter-of-fact attorney. He gets to the heart of the matter and gets results. I was also impressed with the office as a whole. I always knew what was going on with my case, and my concerns were always addressed quickly. I know he had other clients, but it never felt that way. When it comes to my family, I would not settle for anything but the best representation, and that is why I selected Mr. Knipmeyer.
“Truly a Great Advocate” - Laura (5-Star Avvo Review)
Jeffrey is an awesome attorney! He was a very strong, thorough, tough advocate for me at a very difficult time in my life. Not only was Jeffrey terrific at handling the current issues in my case, he also helped me think about and plan for my future life after the case. Jeffrey is truly a great advocate.
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.
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.
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.
Frequently Asked Questions
Is legal separation the same as divorce?
No, legal separation allows spouses in Chicago to live apart and establish legal responsibilities, but does not end the marriage.
Can I remarry after a legal separation?
No, you must get a divorce before remarrying.
Can property be divided during legal separation in Illinois?
Yes, but only if both parties agree. Otherwise, property division must be handled in a divorce.
Does legal separation affect debt?
Yes, a legal separation can limit liability for debts incurred by your spouse after the separation.
Will the court decide parenting time and child support in Illinois?
Yes, the court can issue orders on parental responsibilities and child support in a legal separation.
Do both spouses need to agree to the separation?
No, one spouse can file for legal separation even if the other disagrees.
Is legal separation recognized in other states?
Recognition varies by state. Consult with an attorney if you move.
Do I need a lawyer for legal separation?
Legal representation is strongly recommended to protect your rights, especially regarding support and parenting.
About Our Lawyers
Leslie Fineberg
A founding partner of Nottage and Ward, LLP, Leslie Fineberg has over 35 years of experience in family law, including legal separation, divorce, and high-conflict financial matters. Known for her ability to balance empathy with strategic advocacy, she is trusted by clients across Chicago. ARDC #6180735
Jeffrey Knipmeyer
With more than three decades of family law experience, Jeffrey Knipmeyer focuses on creating forward-thinking legal solutions for families, including those facing legal separation and asset division. He is respected for his measured, intelligent counsel and thorough understanding of Illinois law. ARDC #6201473
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
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Client Reviews
5 Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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