What to Know about Legal Separation in Illinois

 Posted on January 31, 2024 in Divorce

Geneva, IL divorce and legal separation lawyerOne generalization that can apply to everyone is that we are all different. Even if people belong to a group and prefer the same religion, food, political party, etc., they all have their own personal background and circumstances that will affect their unique approach to life. For that reason, there is no one way for people to resolve marital issues. Depending on how long the problems have lasted and how many attempts have already been made to resolve them, every couple will deal with issues differently.

Some might prefer to avoid any major changes and will live with any problems they have. Some might try couples therapy. Others might decide to end the marriage for once and for all. However, legal separation is another option available to people who do not wish to remain in their marital situation but are not ready to completely end the relationship in divorce. If you are ready to end your marriage but do not want the finality that comes with divorce, speak with an experienced Geneva IL divorce lawyer to see whether legal separation might be a good choice for you

Why Might Separation Suit Me More Than Divorce?

When people say “we’re separated,” they often mean they have simply “broken up” and are no longer in a relationship or living together. However, legal separation is a court-recognized process that is much more like a divorce than a breakup. The spouses will have to agree about what will happen with their parenting, finances, properties, and assets.

The main difference between legal separation and divorce is that while all the aspects of their lives are legally separated, a couple is still legally considered married. If they decide in the future to divorce, they cannot merely “convert” their separation into a divorce settlement, but will need to go through divorce proceedings. While this may seem like an unnecessary step to some, others have several reasons they prefer to separate rather than divorce, at least at first:

  • Religion: Some people belong to religious groups that do now approve of or allow divorce.

  • Family: Some people might have parents who disapprove of divorce. Others may prefer to separate rather than divorce for the sake of their younger children.

  • Uncertainty: While you might think you would rather not live under the same roof as a couple, you may also believe that this is a feeling that can change in the future. Anyone who is not ready for the finality that divorce offers can decide to get legally separated, viewing their separation as a test period in which they can see whether they might be better off together or apart.

Contact a Kane County, IL Legal Separation Lawyer

If your marriage is not working for you but you are not ready for a divorce, legal separation could be a good option. A knowledgeable Geneva, IL divorce attorney can walk you through the process, review your case, and help you decide. Call [[title] at 630-232-9700 so you can learn more.

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