Advantages of Legal Separation vs. Divorce

 Posted on May 23, 2013 in Divorce

When two people come together to wed, the last thing on their minds is a divorce or legal separation. However, time goes on and people may change. This realization may prompt one person to want out of the marriage, but not completely until he or she is sure that divorce is what's right. The best advantage of a legal separation may be time. Legal separation allows two people to live separately until they can decide if divorce is the best option. This arrangement is particularly favorable in cases where couples may want to divorce due to 'irreconcilable differences' as a requirement for divorce in Illinois is a two year separation. In addition, the spouse seeking divorce must establish that he or she is not the one responsible for the separation. According to the Illinois Marriage and Dissolution Act, two people, while remaining married can be legally separated. This allows a separated couple to avoid a court order distribution of property. However, the court can still make judgment similar to that of a divorce. For instance, a court could rule that a spouse pay spousal support even though the couple is separated and living in two separate dwellings. A court can set rules regarding child custody and visitation similar to a divorce case. Just because a couple is seeking legal separation doesn't mean the courts stop working in the best interest of the children. Therefore, the courts take into consideration eight factors set by statute (750 ILCS 5/602) to determine the child custody arrangements. Dealing with a separation and possible divorce can be emotionally overwhelming. Often a person can become unsure of what to do and what course of action to take. Illinois residents considering a legal separation or looking for answers to questions concerning divorce should contact a legal separation attorney for a free consultation.

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