Helping You File For Legal Separation
We at Shyama S. Parikh, P.C., understand the emotional strife that can accompany a rocky marriage. If you are considering a legal separation, you can turn to our firm in Waukegan for assistance. Our legal team provides compassion and care throughout every step of your legal separation or divorce.
How Do I Separate?
The requirements to file for a legal separation are the same as filing for a divorce, except the parties must be physically separated for more than six months without fault by either of them. The parties would still legally be married at the conclusion of the case, but would divide assets/debts as of the date the judgment for legal separation is entered and would also address the issues of custody, child support, attorney’s fees, etc.
Most often, parties choose to obtain a legal separation for medical or religious reasons. The parties cannot get remarried with a judgment for legal separation and will eventually have to file a petition for dissolution of marriage if they want to be legally divorced.
Choosing Between A Legal Separation And A Divorce
Legal separation can be a practical option for spouses who are not ready to end the marriage but need clear legal boundaries. Separating legally allows spouses to live apart while still remaining legally married.
However, divorce permanently ends the marriage and allows both spouses to remarry, have fully separate finances and make a complete legal break from shared obligations.
Some people choose legal separation because it may help preserve certain benefits, including:
- Health insurance coverage: A spouse may remain eligible under certain plans while the marriage still exists.
- Social Security benefits: Staying married longer may matter for future benefit eligibility.
- Military benefits: Some military-related benefits depend on marital status and length of marriage.
- Tax considerations: Some couples may want time to review filing status, deductions and financial impact before divorce.
- Personal or religious reasons: Separation may offer legal protection without permanently ending the marriage.
These benefits depend on the couple’s specific circumstances, so legal guidance is important before making a decision.
How Can Temporary Orders During Separation Help?
While a separation case is pending, the court can issue temporary orders to address urgent needs. These court orders help create stability until the parties reach a final agreement or the court makes a final decision. Temporary orders may address issues such as:
- Temporary maintenance: One spouse may be ordered to provide financial support while the case is ongoing.
- Child custody: The court may decide temporary allocation of parental responsibilities, including decision-making and parenting time.
- Child support: A temporary support order may help cover the child’s daily needs.
- Use of the marital home: The court may decide who remains in the home during the separation.
- Payment of bills and debts: Temporary orders may assign responsibility for mortgages, rent, utilities, insurance or other expenses.
These orders are not always permanent, but they can strongly affect daily life during the separation process.
Do You Need A Separation Agreement?
A formal written separation agreement helps protect both spouses during the required six-month waiting period and beyond. Without an agreement, disputes over money, property, parenting and debt can become harder to manage. A separation agreement may explain:
- How the property will be divided
- Who is responsible for marital debts
- How household expenses will be paid
- What parenting schedule will apply
- Whether one spouse will pay support
- How future disputes will be handled
A written agreement also reduces confusion because both spouses know what is expected. Since separation can affect finances, benefits, parenting rights and future divorce options, working with our lawyer is crucial before signing any agreement or making long-term decisions.
Ask For A Free Consultation About Separation
When you need experience combined with compassion, you can rely on us. We have helped numerous Illinois clients before and we can help you now. To request a completely free initial consultation, please call 847-557-1517 or send us an email.
