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:
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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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