What is a legal separation in Illinois? Lots of people don’t know how to get a legal separation in Illinois. Many people inquire about securing a legal separation. In a legal separation, only support — child support or spousal support — is addressed. Marital property rights are tolled. No further rights accrue in the assets of the other.
Legal Separation vs Divorce
You remain legally married, but marital property is not divided between the two parties. You can choose between filing income taxes as individuals or as a married couple. Some parties use separation to distance themselves from the other party’s debts. Sometimes, the separation is simply a holding action, until both sides are ready for an actual divorce.
A side benefit many people ascribe to legal separation is that it gives them peace of mind.
A lawyer at Boyle Feinberg Sharma, can explain these and other aspects
of legal separation in greater detail and answer any questions you may have.
Call us at 312-376-8860 to schedule a consultation in our Chicago or Arlington Heights, Illinois, offices.
Facts About Legal Separation in Illinois — Pro And Con
A legal separation is an attractive option for couples who can no longer live together but whose religion does not permit divorce, or where one party is seriously disabled, perhaps living in a facility. Legal separations are also appealing to couples who hold out the hope of possible reconciliation.
When a couple gets separated and there are minor children involved, a child custody order is necessary, just as in a divorce.
One downside to consider about separation is that the other party may decide soon afterward to seek a full divorce. Then you will be paying for two significant legal events in a short period of time.
Serving Chicago · Arlington Heights · The Entire North Shore
Considering getting a legal separation in Illinois? There are pluses and minuses to a legal separation, which our family law attorneys will be happy to discuss with you. If you are filing for legal separation in Illinois, call Boyle Feinberg Sharma (BFS), a team of family lawyer located in Chicago and Arlington Heights, at 312-376-8860 or send us a message using this online form.