Understanding Legal Separation
In Illinois, legal separation is an alternative to divorce. You are still married after the process is complete. It is rarely used, but might be considered if parties do not wish to divorce for religious reasons.
Is a legal separation more advisable for your situation? How is it different from a divorce? We offer a free initial consultation to discuss your case. Call us at 630-480-6253 to discuss legal separation further.
More Information About Legal Separation
As a family law lawyer with more than 30 years of experience representing people throughout the western Chicago suburbs, Terry Fawell can talk to you about the option of a legal separation. A legal separation is different from marital dissolution, although similar in many ways.
Legal separation agreements address the same issues as a marital settlement agreement in a divorce:
- Marital property can be divided by agreement, just as in a divorce.
- Issues that affect the children ― child support and child custody ― can be decided.
- Spousal maintenance (alimony) can be awarded.
Although legal separation and divorce are similar, the key difference is that you are legally still married in a separation. If you get a divorce and want to remarry, you can. If you are legally separated and want to remarry, you can’t, because you are still married.
A legal separation can be converted to a divorce. Some couples may choose to obtain a legal separation for financial or tax reasons prior to obtaining a final divorce decree. Others remain legally separated indefinitely for religious reasons, for health insurance or for other personal preferences.
Still Have Questions? Call For A Free Consultation.
For a free initial consultation about your legal separation case, contact Fawell & Fawell. You can also call 630-480-6253. From our office in Wheaton, we serve clients in DuPage, Kane and Will counties.