Why Would Someone Opt for Legal Separation Over Divorce in Illinois?

 Posted on October 04, 2024 in Family Law

While most people dream of finding someone they can have their "happily ever after" with, not all marriages last forever. Since all people are different and unique, it makes sense that divorce might not always be the best option for every couple that wants to end their marriage. Depending on various factors and circumstances, legal separation might be a much more fitting option. If you and your spouse are considering ending your marriage but are not sure about divorce, speak with an experienced Wheaton, IL family law attorney to see whether legal separation could suit you better.

Why Not Divorce?

Even if staying together seems impossible, there are several reasons why divorce might not be feasible for a couple. Some include:

• Religious beliefs that oppose divorce
• Not ready for the finality if there is a chance for reconciliation
• Social stigmas and taboos about divorce
• Families who do not approve
• Needing to maintain health insurance, retirement benefits, or other financial benefits associated with the marriage
• Wishing to end the marriage in a more gradual way for the sake of the couple’s children
• Tax benefits that come with filing taxes jointly

Is Legal Separation Enough?

One of the most distinct aspects of legal separation is that the couple lives separately but still maintains their marital status. If either spouse wants to remarry, they would need to go through an official divorce before that can happen. Other than that, legal separation and divorce share many similarities.

One major similarity is court involvement. Legal separation needs to be confirmed through a legal judgment, just like a divorce. This is not another way of simply saying you have broken up. There will be court-mandated arrangements about things like alimony, child support, and property division. Once it is finalized, there is no time limit to a separation. When a couple ends their relationship through a formal legal separation, they enjoy clarity and legal protections that they would not benefit from if they simply stopped living together. 

Schedule a Free Consultation with a DuPage County, IL Legal Separation Lawyer

If you and your spouse want to examine ways to end your relationship without the finality of divorce, speak with a seasoned Wheaton, IL family law attorney about legal separation. At Davi Law Group, we know that all people are unique and there is no one right way to transition from being a married couple to being separate individuals. We are passionate about finding tailored solutions that can best fit your needs. Call us at 630-657-5052 to schedule a free consultation.