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Divorce Or Legal Separation: Which Is Better?

Published on September 8th, 2022

As you have likely noticed, people are getting divorced and separated more often than ever before. Getting a divorce or legal separation is one of life’s biggest decisions. If you’ve continually tried to work with your spouse but are seeking other alternatives, here’s a quick outline of the benefits of legal separation and divorce in Bloomington IL.

What is the Difference Between Divorce and Legal Separation?

Many people do not know that being divorced and being legally separated are almost the same thing. With a legal separation, all the assets and debts are distributed accordingly, just like a divorce, but the couple has a chance to either resolve their issues or proceed to divorce. The marriage is still official with a legal separation, but the couple has a chance to live separately in Bloomington IL for a period of time while making final decisions and arrangements, if necessary. There are many benefits of being legally separated rather than divorced, but each situation is different and it’s important to seek professional legal counsel. If you need to speak with a divorce lawyer about which option is best for your situation, please contact Pioletti Pioletti & Nichols today.

Understanding the Basics of Legal Separation

Couples choose to separate for a myriad of reasons. Sometimes, one or both spouses is so sure that permanent separation is the healthiest option that they formally file for divorce immediately. But other times, uncertainty, circumstance or other considerations inspire spouses to separate for a time while remaining married. At virtually any point during the separation process, they may choose to reconcile, formally divorce or remain intentionally separated.

If the duration of a couple’s separation is likely to be very brief, it may generally be approached in an informal way. However, if a couple is likely to be separated for any length of time, the process of legal separation should be considered. This approach is especially valuable when couples share minor children, have significant assets and/or are concerned about the ways in which separation may impact their shared finances. If you and/or your spouse have questions about legal separation, please consider scheduling a consultation with an experienced Bloomington, IL family lawyer. Speaking with us will not commit you to taking any specific course of action but it will allow you decisions about informal versus legal separation to be informed ones.

How Does Legal Separation Benefit Couples and Kids?

Unlike informal separation, legal separation allows each spouse’s interests and the interests of any shared minor children to remain protected in specific ways under the law. An experienced Bloomington, IL family lawyer can help you to identify what specific interests you may need to address when thinking about separation. When a couple separates informally, the law treats each spouse as “married” in every conceivable way. This means that each spouse remains responsible for the others debts and entitled to half of the other’s property, etc. Legal separation helps to safeguard each spouse’s interests until a couple decides to reconcile or divorce.

As an added benefit, the process of legal separation helps parents iron out temporary custody rights and responsibilities. It also allows for child support and spousal support arrangements, when these are necessary and appropriate. Without the legal separation process, it becomes very difficult for spouses to hold each other accountable for custody matters and support needs. It is worth noting that legal separation is a court-ordered condition and is enforceable just like a divorce decree would be. However, it allows couples to remain legally married if/until they opt to divorce. This can be an attractive option for numerous emotional, physical, practical and legal reasons. If this option interests you, please don’t hesitate to ask a Bloomington, IL family lawyer any questions you may have about this process.

Legal Guidance Is Available

If you have questions about legal separation and/or the divorce process, please consider scheduling a consultation with Pioletti Pioletti & Nichols today. Once we learn more about your family’s unique circumstances, we will be able to advise you of your options and answer any questions you may have about your situation. Similarly, we will be happy to address any concerns you may have about representation. Separating from your spouse is a uniquely stressful transition but you do not have to navigate it alone. Please consider connecting with a Bloomington, Illinois family lawyer so that you can obtain the support and legal guidance that will better allow you to weather this particular phase of life in healthy, intentional and forward-looking ways.

 

 

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