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Legal Separation in DuPage County

 Posted on December 26, 2022 in Divorce

Naperville, IL legal separation lawyerA legal separation can be a practicable alternative to disputing spouses who may feel daunted by the permanency of divorce. Some aspects of a legal separation can be conceived as a trial run of a divorce since legally separated parents must adhere to agreements about spousal maintenance, shared benefits, and joint decision-making responsibilities for their children.

Sometimes the immediacy of divorce proceedings can be emotionally traumatic and overwhelming. In contrast, with a legal separation, the couple is provided a measured transition into a divorce which can curtail acrimony. A divorce attorney proficient in Illinois's legal separation laws can help explain a legal separation's advantages and disadvantages and draft a reasonable agreement. 

Advantages of a Legal Separation

  • A legal separation grants each party the time and space to decide whether to divorce or reconcile

  • Debts and property accumulated after legal separation are considered non-marital property even if the parties proceed with a divorce

  • A legal separation still entitles parties to tax breaks for married couples

  • If the parties proceed with a divorce, their legal separation agreement may expedite the proceedings

  • A legal separation may be appropriate if either party is bound by religious and cultural conventions that frown upon divorce

  • A legal separation may be a viable solution for those entangled in a family business who do not want to divide or sell the business

  • Since a legal separation is not permanent like a divorce, some separating parents feel a legal separation can offer their children stability and help them acclimate to the idea of divorce

Disadvantages of a Legal Separation

  • Like a divorce, a legal separation also requires proceedings through the court and a statutory decree

  • With a divorce, all marital property is identified and divided, which can propel each party to move forward with their lives

  • With a legal separation, marital disputes can linger and sometimes exacerbate

  • Legal separation can prolong the inevitable reality that divorce is the only reasonable solution

  • Divorced spouses are free to remarry, whereas remarriage is illegal for legally separated parties

  • A legal separation can sometimes give children false hope that their parents will reconcile

  • A legal separation can sometimes provide one spouse false hope over reconciliation while the other spouse is ready to move on to divorce

Contact a DuPage County Family Law Attorney

At Pesce Law Group P.C., a full-service family law firm, our dependable attorneys are skilled in the complexities of legal separation and divorce issues. We customize our strategies to the needs of our clients and aim for agreeable solutions. All our clients are treated with dignity and respect. We also offer weekend appointments and competitive fees. If you are contemplating a marital separation, contact a Naperville divorce attorney at 630-352-2240 for a free consultation. 


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