Is Legal Separation or Divorce Right for Us?

 Posted on September 27, 2023 in Divorce

Legal separation and divorce are both methods of separating from your spouse. Both legal processes can help you and your spouse decide who will keep control of certain assets and how you will share parenting rights and duties once you are apart. However, this is roughly where the similarities end. Divorce is a far more permanent step than legal separation. 

Additionally, while divorce terminates the marriage, legal separation does not. Spouses who legally separate are still married in the eyes of the law, even though they no longer live together in a marital relationship. This can offer some benefits, as legally separated spouses can still file taxes jointly or keep each other on their health insurance policies. Your attorney can help you determine whether divorce or legal separation is the right option for you. 

Factors to Consider When Choosing Between Divorce and Legal Separation

There are a number of factors to carefully weigh when deciding whether you should get divorced or legally separated. Factors to discuss with each other and with your respective attorneys include:

• Functionality of the relationship - If the romance between you is not working out, but you otherwise plan to maintain an amicable partnership, legal separation may be better. This way you can still file taxes together and enjoy other benefits of being family even if you are no longer in love. 
• Permanence - If you and your spouse get divorced, the only way back is to get married again. Legal separations are much easier to undo if you choose to give being together another try. If you believe that you may reconcile, a legal separation can give you each some room to think. 
• Property division - Some married couples who co-own significant assets find it easier to remain legally married so that they can maintain productive co-ownership, particularly of an appreciating asset. 
• Cultural and religious concerns - If divorce goes against your cultural or religious beliefs, you may want to consider legal separation as a more comfortable alternative that still accomplishes many of the same goals.
• Ease of conversion - While getting legally separated, you will make many of the same arrangements you would need to make to get fully divorced. If you have a separation agreement, it takes very little to convert it to a divorce settlement.
  

It is important to consider these factors when deciding which course of action is best for you. 

Contact a Will County, IL Legal Separation and Divorce Lawyer

Law Office of Ronald L. Hendrix, P.C. can discuss both options with you to help you decide which one may offer you the most benefits. Our committed Naperville, IL legal separation and divorce attorneys will strive to guide you to the best decision for your personal circumstances. Contact us at 630-355-7776 for a complimentary consultation.