In Illinois, spouses have the option of legally separating rather than divorcing. Legal separations is an option for spouses who feel that they no longer want to live together as a married couple and would like legal recognition of their separation, but also do not want to divorce. Divorce and legal separation have some commonalities, but a few major differences. After a legal separation, you remain legally married, but may largely live as if you are divorced. As in divorce, you and your spouse will be able to formally divide marital property and create a parenting plan if you have children in common. There are a number of factors you and your spouse should consider before choosing between a divorce and a legal separation. If you are unsure which is best for you, an attorney may be able to help you understand how each may affect you so that you can make a well-informed decision. 

Considerations for Spouses Considering Legal Separation or Divorce

You and your spouse should, if possible, discuss each of these factors before making a final decision. Some factors to consider may include: 

• Possibility of reconciliation - It is much easier to “undo” a legal separation than a divorce. As legal separation does not end the marriage, you and your spouse would not need to get married a second time should you reconcile. If you believe that your separation may not be permanent, a legal separation may be the better option. 

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Most people are familiar with the term “mediation” but may not know exactly what working with a mediator looks like. In an Illinois divorce case, understanding the mediation process is essential for setting realistic expectations and pursuing successful negotiations over your divorce settlement. If you are considering divorce and want to know more about whether a mediator could help you, read on to learn more about what working with a mediator is like. 

What Does a Divorce Mediator Do? 

Before a divorce can be finalized, spouses must reach an agreement about property and debt division, spousal support, and, if there are minor children involved, child support and child custody. Naturally, this can be difficult, especially if spouses have a hostile relationship. The purpose of mediation is to allow couples to put aside their personal differences and negotiate their divorce decree fairly. 

A divorce mediator does not provide either spouse with legal advice. Instead, he or she will help spouses articulate their priorities and preferences on a given subject while keeping the conversation peaceful and focused on problem-solving. The mediator will help couples identify common ground, identify exactly where their differences lie, and think about possible solutions to those differences. Mediation can move quickly or take several months; it depends on how well spouses can get along and compromise. Many couples can resolve their issues in as few as three or four sessions, while others take much longer. 

The LGBTQ+ community has historically struggled to attain equality. Not so long ago, a spouse of a same-sex couple did not even have the right to visit an ill or dying partner in the hospital.  Unless there was a written agreement, the homemaker or domestic partner of a same-sex couple was not eligible to inherit the estate of a deceased breadwinner.  Instead, the estate would be liquidated and divided among blood relatives, even if the relatives were estranged. Effective June 1, 2014, Illinois recognized same-sex marriage. Same-sex spouses can get married and, if the marriage does not work out, they can get divorced. 

Divorce involving homosexual couples is typically the same as divorce involving heterosexual couples. However, there may be additional complications regarding child custody and other matters. 

Rights of Same-Sex Couples in Illinois 

The rights that same-sex married couples now retain include but are not limited to the following. 

Many spouses are awarded alimony, or spousal maintenance, both during and after an Illinois divorce. Yet while alimony used to be nearly ubiquitous for women, who were generally the spouse responsible for raising children, Illinois law has changed to reflect the fact that women are often at least as active in the workforce as their partners. 

Among other modifications that modernized the law, there is now no guarantee that a wife will get either full custody or spousal maintenance after a divorce. However, if one spouse would be at a significant financial disadvantage after a marriage ends, a court may order alimony payments. Here are some factors that can influence whether spousal maintenance will be part of your divorce decree. 

Did One Spouse Make Significantly More Than the Other? 

If one spouse outearned the other throughout the marriage and the quality of life of the lesser-earning spouse would be significantly diminished after the divorce, a court may order temporary spousal maintenance even if the lesser-earning spouse is working. Unless the marriage lasted more than 20 years, spousal maintenance will likely only be temporary until the lesser-earning spouse has enough time to get on his or her feet after the divorce. 

Divorce is known for being expensive and people often put off pursuing divorce for many years because they fear the financial consequences will be too great. Much of the time, the people postponing divorce are women who have given up careers to be homemakers and who, without the assistance of their husbands, worry they cannot pay for an attorney. 

While many of the partners who are reluctant to file for divorce might receive spousal maintenance and money from their marital property after the divorce is finalized, it is impossible to predict how long a divorce will take. Fortunately, there may be another option - temporary relief. 

Temporary Child Support and Alimony

Illinois law allows spouses to ask a court for a temporary order requiring the other spouse to pay child support and/or spousal maintenance. The spouse petitioning for financial support can file an affidavit stating that they need immediate help and why. This requires the petitioning party to give evidence of their financial status, using income records like bank accounts, W2s, and tax returns, and expense records like mortgage statements, medical expenses, or school tuition.