• The Difference Between Separation and Divorce in Edwardsville, Illinois

    December 23, 2019 | Blog Family Law
  • What is the Difference Between Separation and Divorce

    Getting married is a much-anticipated event in a person’s life, but over time the relationship between a couple can change. No matter how hard you try to keep the family together, you might come to realize that the intoxicating effects of falling in love have waned. Now all you can think of getting away from your other half.

    Legal Separation vs. Divorce in Illinois

    separation vs divorce in edwardsville illinoisThe differences between a separation and divorce in Illinois are subtle, the main one being that you can return to the marriage if time apart makes you realize that you want to make the relationship work. Here are some of the other differences between a divorce and a separation:

    Neither you nor your spouse may remarry during a legal separation

    Assets accumulated during the marriage and debts owed between the two of you must be divided in a way that you both agree

    Spousal support or alimony agreements you make during a legal separation must be reformulated in the event of divorce unless the agreement includes a non-modifiable permanent maintenance clause stating otherwise

    Family Law and the Legal Separation Process in Illinois

    A professional divorce lawyer like those at Action Law Center can provide you and your spouse with the tools to reach an amicable separation agreement that includes child and spousal support, in addition to visitation or custody arrangements. Before you start the process, however, you will have to be living at different addresses. Also important is that one of you has lived in the state for at least 90 days. Complications arise if you or your spouse has never lived in Illinois since it can be difficult for the family law office to determine the appropriate amount of spousal or child support.

    Benefits of a Separation in Edwardsville, IL

    Unlike a divorce, which is legally binding and permanent, a legal separation allows for either you or your spouse to change your mind about proceeding with the divorce. A separation is also less emotionally difficult and less expensive for you in the long run. If one of you decides to proceed with a divorce lawyer in the future, the court has already established financial support and parental responsibilities.

    For more information on filing for a legal separation or divorce, call the family law attorneys at Action Law Center today!