Tag Archives: DuPage County legal separation attorney

IL family lawyerWhen a couple no longer wants to be married and live together, they may get a divorce or they may become legally separated. Unlike many states, Illinois does still recognize legal separations and there are many reasons a couple may decide to get one. However, when a couple does obtain a legal separation, it sometimes leads to many questions. One of these is whether they are still eligible to get a divorce once they have legally separated. In short, being legally separated does not prevent a couple from officially ending their marriage in divorce in the future.

Reasons for Legal Separation

There are many reasons a couple may choose to opt for a legal separation instead of divorce. One of these is for religious purposes. Many religions forbid divorce and so, a couple may choose to get a legal separation that allows them to act and live as a divorced couple without officially ending the marriage. In this instance, it is unlikely that a couple would get a divorce in the future unless they left their religion or went against it.

In other cases, a couple may choose a legal separation rather than a divorce for health reasons. For example, one spouse may become very ill and require extensive medical treatment. On their own, they may not be able to afford that treatment on their own. However, if they are listed on their spouse’s health insurance, the couple may choose to obtain a legal separation rather than a divorce. Once the spouse that was ill recovers and does not require the costly medical treatment, the couple may then choose to get a divorce.

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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.

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Illinois family lawyerSometimes, couples opt for a long-term separation rather than a divorce. If you are unsure of which option is right for you, it is important to understand the true definition of a long-term separation as well as the pros and cons it offers.

What Is a Long-Term Separation?

A divorce puts an end to a marriage while a long-term separation does not. If you decide to separate rather than divorce your spouse for a long period of time, you will live separately but continue to be legally married.

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