Wheaton Legal Separation Attorneys

Experienced Lawyers Helping Couples in Wheaton, IL Understand Their Options for Legal Separation

When a marriage becomes tense or unsustainable, some couples may decide to pursue a legal separation. This may be a preferable alternative to divorce, but it comes with its own unique considerations. If you are unsure whether legal separation is right for your marriage, a Wheaton family law attorney can provide you with professional guidance and insight.

At Roberts PC, we have helped many clients through divorces and legal separations across our 40-year history. Our attorneys can walk you through the process of filing for legal separation, and we can negotiate a favorable separation agreement on your behalf.

Why Do People Choose to Get Legally Separated?

There are many reasons why a couple might choose a legal separation as an alternative to divorce. Some people are bound by religious rules that forbid or frown upon divorce. Other people may just want some privacy, avoiding the barrage of questions from friends and family. Alternatively, a married couple may fall out of love, but they may still want to retain certain benefits while living apart.

Benefits of Legal Separation

Legal separation has some very practical applications compared to divorce. If you want time apart from your spouse but think divorce might be too dramatic, you can try legal separation to see if living separately makes sense.

In a legal separation, you can still choose to divide marital property, and arrangements may be made for one spouse to pay spousal support to the other. Agreements on these issues can serve as the framework for a future divorce if you decide to go through with it. By the same token, if you decide to get back together after a legal separation, you do not have to go through the trouble of getting remarried.

Some couples may choose legal separation so that they can keep certain benefits. Health insurance plans from an employer can provide spouses with an incentive to stay together, even if they do not live in the same household. Keep in mind that not every employer will treat a legally separated couple as married, so be sure to read the fine print of your insurance plan carefully.

Drawbacks of Legal Separation

Though it may seem like the more convenient option, legal separation can come with its own issues. First and foremost, while legally separated, you cannot marry someone else. While this may not seem like a significant issue, if you do want to get engaged, you have to go through the process of filing for divorce, which could lead to more costs and complications than if you had gotten divorced to begin with.

Additionally, the court is more limited in the relief it can award to you in a legal separation. Orders of child support and spousal support may be put in place, and you can establish a parenting plan that will detail how child custody will be addressed while you are separated. However, you can only divide your marital property if both you and your spouse agree to it. Compared to a full divorce settlement, you may be left with open questions and uncertainties in a legal separation.

Is Legal Separation Right For Me?

Before you move forward with a legal separation, you should ask yourself what you stand to gain from it instead of getting divorced. Do the potential benefits outweigh the costs? You might also consider how you plan to address issues of child custody in a legal separation compared to a divorce. Our attorneys can explain your options and help you make decisions about how to proceed.

Meet With a Wheaton, Illinois Legal Separation Lawyer

In some cases, legal separation may be the best of both worlds between marriage and divorce. However, it also comes with its own disadvantages. If you are considering legal separation, a family law attorney at Roberts PC can provide you with legal representation and guidance to ensure that you can reach an optimal resolution to your situation. Call us at 630-668-4211 or contact us online for a free initial consultation.