Legal separation does not end the marriage but allows for custody, support, and property agreements. Divorce, on the other hand, legally dissolves the marriage.
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In-Depth Explanation
In Illinois, legal separation and divorce serve different purposes and outcomes:
- Legal Separation: A couple remains legally married but lives separately. It allows spouses to establish court-approved arrangements for child custody, support, and property division without formally ending the marriage. This option is often chosen for religious, financial, or personal reasons.
- Divorce: A divorce legally dissolves the marriage, allowing both spouses to remarry. It requires the court to finalize agreements on custody, support, and property division as part of the dissolution process.
Example: A couple may choose legal separation to maintain health insurance benefits while living apart. In contrast, divorce is chosen when the relationship is permanently ending.
Steps or Processes
- Legal Separation:
- File a petition for legal separation in court.
- Establish agreements on custody, support, and property division.
- Divorce:
- File a petition for dissolution of marriage.
- Resolve disputes or finalize agreements on custody, support, and property.
- Obtain a divorce decree to end the marriage.
How Attorneys Can Help
Attorneys can assist with both processes by:
- Explaining the legal and financial implications of legal separation and divorce.
- Drafting agreements that protect your rights and comply with Illinois laws.
- Representing you in court proceedings to finalize arrangements.
What’s Next?
If you’re deciding between legal separation and divorce, call (630) 366-1760 to consult with an experienced attorney and explore your options.
Important Disclaimer
This website is not a law firm and provides general informational content. For personalized legal advice, consult with a qualified attorney.
The original article is published at https://familylawnapervilleil.com/faqs/whats-the-difference-between-legal-separation-and-divorce/
