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Chicago Divorce Lawyer > Chicago Legal Separation Lawyer

Chicago Legal Separation Lawyer

When you and your spouse can no longer get along, you may decide to split up. There are two main options: get a divorce or get a legal separation. Both allow you to live apart, but there are differences. Many couples opt for a legal separation at first because should the couple decide to divorce later on, they can ease into the process rather than ending the marriage full stop.

Which option should you choose? Get more information about legal separation by hiring a Chicago legal separation lawyer from Birnbaum Gelfman Sharma & Arnoux, LLC today. We’ll discuss your concerns and answer your questions about the process so you’re well-prepared. Contact us today to schedule a consultation.

What is a Legal Separation?

Legal separation is more than just spouses living apart from one another but it’s not quite as major as a divorce. Therefore, if you’re not sure if you want to end your marriage, a legal separation allows you and your spouse to spend time apart. It can also allow you to ease into the divorce process, which may be beneficial if you have young children.

Like a divorce, a legal separation allows couples to have the court determine issues of child support, custody, and alimony. You can also ask the court to divide marital assets.

A legal separation, however, does not end the marriage. Therefore, if you plan to remarry, you will need to get a divorce.

Legal separation requires:

  • The spouses to be physically separated.
  • The party seeking the separation to have lived in Illinois for at least 90 days.
  • The party seeking the legal separation to not be “at fault” for the separation.

Why Choose Separation Over Divorce

Separation has benefits that divorce doesn’t have. For starters, getting a separation allows you to keep your benefits. You and your spouse can still file taxes jointly. You can also stay on your spouse’s health insurance coverage and continue to receive Social Security payments.

Also, legal separation can be a step toward divorce, if that’s what you want. If you decide to divorce down the line, you are more likely to deal with the various aspects in a calmer manner. Divorce can bring about heightened tension and emotions, so a legal separation reduces this risk. Plus, neither spouse will be accused of abandoning the marriage.

If you decide that you don’t want to divorce, then a legal separation can bring about reconciliation. You won’t have the regret that comes with getting a divorce and a few years later, wishing you were still married. After time apart, you’ll have a clearer idea of what you want to do.

Contact Birnbaum Gelfman Sharma & Arnoux, LLC Today

A legal separation can be beneficial for many reasons. Contact a lawyer to understand the best option for your situation.

The team at Birnbaum Gelfman Sharma & Arnoux, LLC can help you with the necessary paperwork and processes. To speak with a Chicago legal separation attorney, fill out the online form or call (312) 863-2800.

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