Is a Legal Separation Better than Divorce?

IL divorce lawyerIn Illinois, a person that is having problems with their spouse and that has not engaged in misconduct during their marriage may petition the court for a legal separation. A separation is not a divorce and does not officially dissolve the marriage. It does allow the two spouses to live physically and financially independent of each other.

When a marriage is experiencing problems, at least one of the spouses may be considering divorce but, is legal separation a better answer? Like with most divorce and separation cases, it will depend on the two parties involved. However, there are some benefits of a legal separation that make it worth at least considering in many situations.

Cooler Heads May Prevail

In any marriage something that can happen that causes one spouse to become outraged with their spouse. Perhaps a spouse had an affair or refused to deal with a substance abuse problem. When this is the case, it is easy to want to pack up and leave, but that does not necessarily mean that divorce is the right answer. Sometimes, people just need some time apart to process a situation and determine what they really want to do about it. A legal separation allows this without requiring that the couple gets divorced.

Outline Terms Ahead of Time

During a legal separation, the couple can still agree on terms such as property division, spousal maintenance, and parenting time. This means that the spouse that will be most financially affected by the divorce can still receive the financial support they need. If the couple then decides to proceed with a divorce, the proceedings will usually happen much more quickly because the terms are already outlined. Of course, for spouses that worry about their financial situation after leaving a spouse, either through a legal separation or divorce, knowing they will still receive support is certainly beneficial.

Continue to Reap Tax Benefits

It is widely known that there are many benefits to be gained by filing a joint tax return. When a couple gets a divorce, that benefit is no longer available to them. However, when a couple is legally separated, they are still technically married and so, they can continue to file joint tax returns.Separating for Religious Purposes


There are certain religions that prohibit couples from getting a divorce. In these cases, a legal separation can still provide all the benefits of a divorce while remaining within certain religious stipulations and beliefs.

Our Illinois Family Lawyers can Help with Separation and Divorce

Legal separation is often a good option but there are still terms to work out such as parenting time, maintenance, and property division. In the end, some couples still get a divorce anyway. It is for these reasons that anyone entering into a legal separation or a divorce should speak to a skilled Hinsdale family lawyer. At the Law Offices of Martoccio & Martoccio, we can help with whatever your situation is and get you the best terms possible. Call us today at 630-920-8855 or contact us online to schedule your free consultation.



Recent Blog Posts



Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2020 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience