What is Legal Separation?

 

Divorce Lawyer in Bloomington, IL

When you talk with a divorce lawyer in Bloomington, IL, he or she might ask you about whether or not you have considered legal separation. This is not the same as a divorce, and has its own advantages. To learn more about legal separation, you can call Pioletti Pioletti & Nichols.

 

Understanding Legal Separation

Legal separation means that you are not living with your spouse, but you are both legally married until you get a divorce decree from the court. There are three different types of separation. All three can affect you and your spouses legal rights and financial responsibilities; however, only one actually changes your legal status.

Trial Separation

If you and your spouse are trying to decide between reconciliation or a divorce, you may want to consider a trial separation. During this time the same legal rules of marriage will apply. For example, the money you both earn and the property you buy will likely be jointly owned.

A Bloomington, IL divorce lawyer might advise you on drawing up an agreement about any potential issues that could arise. For example, will you both share a bank account or credit cards. Who will move out of the house? How will expenses be shared? Who will take care of the children? These are important matters that should be discussed as soon as possible. If you feel uncomfortable about doing this, you could ask a lawyer to help you by organizing a meeting similar to mediation.

 

Permanent Separation

If you are not planning to reconcile with your spouse, but you have not gone through the divorce process, you are considered to be permanently separated. Depending on the state you are in, the financial and property rights might change. For example, if you acquire any debt or assets after the separation, they will typically only belong to you. You may also not be entitled to any income or assets that have been acquired by your spouse.

A permanent separation can cause challenges during divorce proceedings. Particularly when it comes to the official date of the separation and the division of assets, debt, and money. For instance if you left during an argument and stayed with a friend for a few weeks without discussing the separation or divorce, the official date of the separation can be questioned. If during those few weeks you purchased a new car or recieved a large bonus, a divorce lawyer Bloomington, IL trusts could argue about who these assets belong to.

Keep in mind that if you and your spouse permanently separate, any type of reconciliation (i.e. even one night), could alter the date of separation. This also means you could become responsible for any debt that was incurred during the period of separation. Ideally you should consult a Bloomington, IL divorce lawyer for further advice on permanent separation.

Legal Separation

Certain states allow two spouses to file for legal separation. This is a special legal status that basically means you are not married or divorced. If you are legally separated, you cannot remarry until you are actually divorced.

To legally separate, you will need to get a court order. This order may discuss important details such as the division of property, child custody, child support, alimony, and so forth. Legal separation is similar to a divorce, but may be chosen instead because of religious beliefs, insurance purposes, or for the sake of any children.

 

Talk with a Divorce Lawyer about Legal Separation

 

To determine whether or not legal separation might be a good alternative to a divorce, you should talk to a lawyer from Pioletti Pioletti & Nichols. For many years, we have been helping clients find solutions to complicated family matters. Regardless of what your needs might be, a lawyer from our firm is ready to provide you with the support and guidance you’re looking for. Call a divorce lawyer in Bloomington IL now for a consultation.