How Legal Separation and Divorce Differ in Illinois

 Posted on October 31, 2024 in Legal Separation

In Illinois, when married couples decide they want to live apart, they have two main choices: legal separation and divorce. These options might sound like the same thing, but they are not. Knowing the differences can help you decide what is best for you and your family.

To pursue a legal separation or divorce, you will want to talk to an Illinois family lawyer to understand all the particulars, since each choice has its own rules and effects. Here is a simple guide to show the ways legal separation and divorce differ.

Understanding What Each Term Means

Legal separation occurs when a couple decides to live apart but still stays married in the eyes of the law, and allows them to live separately without ending their marriage altogether. Some couples choose legal separation because they have a desire to stay married for personal reasons. Other couples may choose legal separation for financial reasons, like staying on a spouse’s health insurance plan. With legal separation, couples still have time to work on their marriage if they want to.

Divorce, on the other hand, is when a marriage is legally ended. Once a couple gets divorced, they are no longer married and can marry someone else if they want to. All legal ties are cut that means both people can completely move on with their lives.

Legal Procedures for Both Processes

The legal process for separation and divorce is different. Each path involves its own steps:

• Process for legal separation in Illinois – One person must file a petition in Court to start the legal separation process. After the petition is filed, the petitioner must serve the other spouse. The couple who is served has the option to file a response. Couples then have the opportunity to negotiate terms of the separation, like asset division, child custody, and more. Once terms have been established, each spouse will attend a hearing. Once signed by a Judge, both spouses will be bound to the legal separation agreement.

• Process for divorce in Illinois – The divorce process begins when one spouse files a divorce petition in the county Court. In Illinois, all divorces must be on the grounds of irreconcilable differences. After filing, the other spouse is served with the petition and must respond within 30 days. Both parties may try to negotiate a settlement out of Court. If a settlement cannot be reached, the case may then proceed to trial, where issues will be determined in Court. The Court will address matters like property division, child custody, and support. Once the issues have been determined, a Judge has 60 days to enter a judgment. Once the judgment is entered, the only way to change it is through appeal or a post-decree modification.

Each Processes Effect on Marital Status

Choosing between legal separation and divorce influences each person’s marital status differently. This choice affects future relationships and changes legal standings moving forward. Here is what you need to know:

• Legal separation — When a couple goes through a legal separation, they remain legally married. This means they cannot remarry someone else unless they decide to divorce later on. Some couples may take time apart to try to solve their differences and ultimately decide to complete the divorce process.

• Divorce — Once a couple is divorced, each person’s marital status changes to "single" in the eyes of the law. This status gives them the freedom to remarry if they want to. Divorce provides a final resolution for couples looking to end their marriage for good.

Call Our Northwest Cook County, IL Legal Separation Attorney

Consulting with a lawyer is a wise step for anyone considering either divorce or legal separation. The widely respected Arlington Heights, IL divorce lawyer with The Law Office of Nicholas W. Richardson, P.C. ensures clients can make the best decision for their situation. Call 847.873.6741 for a complimentary consultation.