Chicago Illinois Legal Separation

Legal separation allows a person to avoid divorce while obtaining many of the protections afforded to persons who divorce. In a legal separation, a court order is entered pertaining to property, child custody, child visitation, maintenance or alimony and the like.

Legal separation can allow a spouse to remain faithful to the marital vows and often to remain faithful to religious requirements. Legal separation may also allow for an extended “cooling off” period between spouses.

In the case of a spouse who is suffering from severe medical problems, legal separation may allow the sick person to continue to be covered under the insurance policy of the spouse even if they no longer wish to live together.

Legal separation and dissolution of marriage are similar in process, but have some significant differences. "Legal separation" is a term of art and refers to the process which results in a "Judgment for Legal Separation." It is primarily for those who are living in separate residences, and do not want to be divorced, but do want a court order setting forth each party's legal rights and obligations. Legal separation judgments often contain provisions related to child custody and support, visitation, property ownership and occupation, maintenance and debt indemnity. Couples who are legally separated remain married unless they take further action.

Sometimes this "Judgment for Legal Separation" is very similar to a "temporary order" in a divorce case. Many times a person who has filed for "legal separation" later amends their case to seek a "dissolution of marriage." There is really no such thing as an "illegal separation." A couple who lives apart may call themselves "separated." Someone going through a divorce says they are "separated."

When clients ask us about legal separation, many are surprised at what it can do and what is can't do. Some end up not taking any legal action at all because the legal effect of the legal separation was not what they needed or wanted. Some later decide to proceed with a legal separation or dissolution of marriage. Most are relieved just to receive some answers and consider their options.

Legal separation is usually pursued when the parties want to stay married for religious reasons, want the advantage of deductibility of spousal support payments for income tax reasons, want to maintain various insurance coverage's, or are do not want to wait the state statutory waiting period for termination of marital status. For some people, a legal separation is desired to set the parameters for dealing with one another while living separate and apart (especially with respect to continuing support obligations and child sharing issues) while maintaining the status of being married, and leaving the door open for a reunion/resumption of marriage.

Legal separation is not a prerequisite to divorce (dissolution of marriage).