It’s not uncommon to consider divorce, even if you aren’t yet ready to get started on that process right away. Perhaps you still love your partner, but you can’t stand each other and so you want to know what it would feel like if you lived separately. Perhaps you can’t divorce due to your religion, but it’s time to live separate lives. Are you afraid of losing your health insurance, or other benefits, but you just can’t live together anymore?

Sometimes, divorce just isn’t what you want but you can’t be together. You may want to consider a legal separation instead of a divorce. What is a legal separation, you ask? Well, let’s talk about it.

What Are The Main Differences Between A Legal Separation and A Divorce?

A legal separation in Illinois does not end a marriage, but it does allow for a couple to separate and live their own lives apart from their spouse, all while maintaining certain legal benefits only available to married couples. Sometimes it may not be prudent to go straight to a divorce, especially when neither spouse has intentions of moving on with another person.

Chapter 750 of Illinois Statutes outlines the previous conditions that must be met, and the process you must complete in order to qualify for a legal separation. A legal separation is much different from a divorce and may be a better answer to your current problems. The 3 key differences between a legal separation and a divorce in Illinois are:

• You must already be living separate and established lives. You need to submit a petition that documents your separate living conditions, such as your individual addresses, among other details of your relationship, some of which are personal. There are no rules on living separately when filing for a divorce.
• The process of a separation is not much easier and quicker than a divorce. The issues are usually the same and the parties will need to agree on things like parenting rights and parenting time, and financial rights and property decisions.  Depending on the relationship between the spouses, as in a divorce situation this process can be easy and cheap, or difficult and very expensive.

There are other benefits that come with a separation, such as the fact that any assets you acquire after the separation are yours and yours alone. So, you are still technically married, but the car payments they are making on their new car have nothing to do with you. Your debts are separate, unless it involves a family issue with the children, for example. Also, a legal separation is not the same as a temporary, or trial, separation, especially when it comes to assets and debts.

How Do You File For A Legal Separation?

You should agree on child support, custody, and visitation. Compromises on alimony and property division are ideal. A separation can be temporary, permanent, or it can lead to a divorce. The direction you take is up to you, but the complexity of a separation or a divorce requires the guidance of a local attorney who knows what is, and isn’t, legal or fair.

Johnston, Tomei, Lenczycki, & Goldberg, LLC is an established Libertyville law firm highly effective in family matters. Our compassionate and driven team will be there for you the entire time, with open communication and a deep understanding of your rights. Contact us for further details or to schedule your initial consultation. Our first meeting is always free.