October 26, 2020

Legal Separation Lawyer Chicago, IL

Legal Separation Lawyer Chicago, IL

Our legal separation lawyer Chicago, IL trusts from Hurst, Robin & Kay, LLC knows that when you have separated from your spouse but are not sure about divorce yet, things can be incredibly complicated. We are not here to push you into doing anything you do not want to do and understand that this can be an emotionally difficult time for you and are not here to pressure you. We want to give you options and make sure you know that whatever you are going through regarding separating from your spouse, we will be here for you. Want to learn more about legal separation and divorce? Give our office a call.

What does it mean to be legally separated in Illinois?

When one spouse files for legal separation, it means that they are going through the formal, legal process of trying to separate from their spouse. This is more formal than packing your bags and leaving. Both separation and divorce involve filing a petition through court and asking a court to intervene with certain issues. 

What is the big difference between legal separation and divorce? 

The main difference is that, at the end of the day, if you are legally separated you are still married. Our legal separation lawyer in Chicago, Illinois knows that this may be for many reasons. You may be going through an obligatory separation period before you and your spouse get divorced. On the other hand, you may be unsure of whether divorce is the right decision for you and you may need time away from your spouse to consider all of the options. Other reasons for separation are: 

  • You and your spouse want to get a divorce and this is a “trial run” for that divorce 
  • You want to prepare your children in advance for your divorce and allow them to get used to the idea
  • You may be nervous about the reputation that divorce has and want to test the waters with separation

Looking at How a Legal Separation Can Benefit or Limit You

When you and your spouse are looking into whether legal separation may be right for you, your Chicago, IL legal separation lawyer may have a few things for you to factor in when making this life-changing decision. Many couples far prefer becoming legally separated than getting a divorce and this may also be the right decision for you. To learn more about getting legally separated in Chicago, call our office now. 

What are some of the benefits of getting legally separated? 

There are a few benefits that come with legal separation. 

  • Staying on your spouse’s healthcare plan. If you don’t have healthcare or your spouse does not have healthcare coverage, a legal separation may be the best option. Especially in the case of one spouse having healthcare coverage and the other spouse and children having healthcare coverage under that same insurance, a divorce can make this messy and difficult. Particularly if one spouse needs good healthcare coverage for medical reasons, a legal separation may be the best option. 
  • You can still ask for financial support. Similar to alimony and child support during a divorce, if you and your spouse get legally separated you can ask for financial assistance and child support during a legal separation. The court involved in the legal separation process will help make the decision regarding how much should be paid. 
  • Legal separation gives you time to think. If you and your spouse are unsure about whether divorce is the best option, going through a legal separation can give you both the time and space necessary to make a decision you are comfortable with. This can be helpful so you do not make a hasty decision regarding your family. 

 

Limitations of a Legal Separation

There are some limitations to this type of legal agreement as well. 

  • Neither spouse can get remarried. Unlike a divorce, if either spouse finds another partner and wishes to get married, they will not be able to do so until they go through the divorce process. If you hope to get remarried soon, legal separation may not be the right option for you. 
  • Legal separation can still be complicated. Just because you are not getting a divorce does not mean the process will be less complicated. If you are considering a divorce but think that legal separation is a simple solution, speak with your attorney about what the legal separation process looks like and how it compares to divorce. 

Starting the Process 

If the process is not already started, you will need to file a petition to separate from your spouse. You will need to know certain information pertaining to your spouse and give the date of separation. Further, you will need to give the court some reason for your separation. In Illinois, it is also possible to still live together in the same house but not be married as long as you are not living a typical married life. 

Are you interested in a legal separation and want to learn more? Speak with our Chicago, Illinois legal separation lawyer now.