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Family Lawyer Bloomington IL

Divorce or Legal Separation: Which is Better?

Family Lawyer Bloomington IL

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.

Legal Separation Agreement

A legal separation agreement is a legal document made by both parties who want to legally separate but do not want to divorce for any number of reasons. You should construct a legal separation agreement and get it notarized in order to:

  • Set terms for dividing property and assets
  • Outline visitation terms and support for children, if necessary
  • Live separately without signing divorce papers
  • Arrange financial agreements

The Benefits of Legal Separation

When two people are legally separated, they are still technically married, but they can:

  • Live apart from one another
  • Make separate financial decisions
  • Share custody of the children
  • Share visitation rights
  • Decide on spousal support
  • Proceed to get a divorce or stay married
  • Receive government and/or medical insurance benefits

Having a court-ordered legal separation in Bloomington IL puts a marriage on halt while the married couple decides what they want to do. Some people may not be emotionally ready for a divorce, or will not divorce for religious or financial reasons. Many studies show that couples are likely to get divorced within only three years of being separated. In some other longer and more complicated cases, couples are separated for over ten years before getting divorced.

The Benefits of Divorce

When two people become divorced, they must decide how to split and share all aspects of their lives: finances, children, responsibilities, bills, etc. Being divorced means mutually finalizing the end of your marriage and no longer sharing obligations with the other person.

A family lawyer from a notable law firm, such as Pioletti Pioletti & Nichols, may help walk you through the costs and benefits of divorce versus legal separation. Depending on your specific circumstances, we may be able to help you through the process. Putting your marriage on pause is a big ordeal, and it’s important to make the right decisions during this trying time.

Benefits of Hiring a Bloomington IL Family Lawyer

If you are getting divorced, you may want to consult with a family lawyer Bloomington IL depends on. Hiring an experienced lawyer to help you take care of a divorce may make the entire process much easier. He or she may lead you in the right direction and address all your questions and concerns.

  1. A Lawyer May Be Objective: During a divorce, it’s normal to experience feelings of sadness, anger and fear. When you are dealing with all these emotions, it can cloud your judgment and cause you to make the wrong decisions. That’s why having a family lawyer in Bloomington IL by your side can be so beneficial. He or she may offer an objective point of view and prevent you from making rash decisions. For example, if you ask for an unreasonable settlement, your family lawyer Bloomington IL trusts may let you know and advise you to keep your emotions in check. 
  2. A Lawyer May Help You With the Paperwork: A divorce involves a lot of paperwork, and some of it can be confusing. If you include the wrong information or omit something on this paperwork, it may hurt your case. For instance, if you don’t include all of your assets in your paperwork, your spouse’s lawyer may accuse you of trying to hide information. An experienced family lawyer Bloomington IL respects may help you fill out paperwork correctly so that you don’t have any issues in court. 
  3. A Lawyer May Help You Get a Fair Settlement: When you go through a divorce, property and other assets must be divided between you and your spouse. The way these assets are divided may depend on the state you live in. An experienced Bloomington family lawyer may review your case and determine what a fair settlement for you would be. He or she may work hard to make sure you receive your fair share in the divorce settlement. (Learn about Can I appeal a judge’s decision in family court?) 
  4. A Lawyer May Help Speed Up the Process: A divorce can be a lengthy process without a lawyer. If you don’t know the ins and outs of divorce law and make a mistake on your paperwork, for example, it can drag the process out. An experienced family lawyer Bloomington IL counts on may help you speed up the divorce process so that you can move on with your life. 
  5. A Lawyer May Speak to Your Spouse on Your Behalf: When marriages break up, it can result in hurt feelings and resentment. If you are very angry with your spouse, the last thing you want to do is talk to him or her. If you have a trusted family lawyer by your side, he or she may speak to your spouse for your, so you can avoid any awkwardness.

A divorce is tough, but a qualified family lawyer may make it less painful. If you are searching for a family lawyer Bloomington IL offers, contact Pioletti and Pioletti Attorneys at Law.


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