DuPage County Legal Separation Lawyer
Is a Legal Separation Right for You?
A legal separation is not the same as a divorce. There is often confusion about whether you are required to get a legal separation before you get divorced. Legal separations are useful in some situations, but they are not a divorce requirement.
If you have questions about legal separations, contact Andrew Cores Family Law Group. Our experienced Illinois divorce lawyers can explain how legal separations work and help you decide if it is advisable in your case. Please call our office at 630-871-1002 to schedule an appointment with a DuPage County legal separation/divorce attorney.
The Difference Between Legal Separation and Divorce
A legal separation does not end a marriage. It is a court order specifying the terms of the separation as it relates to temporary spousal support, parenting time, division of parental responsibilities, and child support. In addition, the judge may rule on which spouse will remain in the marital home during the separation.
Generally, any property obtained by either spouse during the separation is not considered marital property. If the couple decides to divorce, neither can claim the property acquired by the other during the separation. One reason parties may elect for a legal separation instead of a divorce is that you can continue to utilize your spouse's medical insurance through his/her employment.
To obtain a legal separation, a petition must be filed with the court asking that the court grant the parties a legal separation. The petition for legal separation must allege that the parties are living separate and apart and that the party seeking the legal separation is not at fault.
We have offices in DuPage County, Cook County, and Kendall County. To make an appointment with our Wheaton separation agreement attorneys, please call 630-871-1002 or contact us online.