Kane County, Illinois Legal Separation Attorneys

Experienced Legal Separation Lawyers in St. Charles, Aurora, and Batavia, IL

Ending a marriage is a complicated and difficult decision. Some couples may no longer wish to live together but may not want to get a divorce either. If you choose to live apart from your spouse, a legal separation may be warranted. A legal separation is a court order that clarifies the responsibilities and rights of each spouse while they remain married yet apart. At Shaw Sanders, P.C., our lawyers have the skill and resources to help you pursue a legal separation. We have been assisting couples and families in these matters for 30 years. If you decide to pursue a legal separation, our firm can assess your needs and help you pursue a favorable resolution to your case.

Experienced Representation for Legal Separation in Kane County

Legal separations are often misunderstood by the general public. Many people believe you are either married, getting divorced, or divorced. For some couples, there is a gray area, however, and that gray area is a legal separation. There are a number of reasons a couple might want to pursue a legal separation, including:

• Providing necessary space for working out differences through counseling or other means.
• Taking time off from the marriage to see if divorce is the right decision.
• Religious reasons that prohibit divorce.
• Retaining spousal benefits such as health insurance through one spouse's employer.
• Staying married long enough to qualify for Social Security divorced spouse benefits.

Regardless of your reasons for pursuing a legal separation, it is important to hire an attorney who can effectively advocate for your rights. Legal separations address all of the same matters as a divorce, including:

• Child custody/allocation of parental responsibilities
• Child support
• Visitation/parenting time
• Property division
• Alimony/spousal maintenance

Often, a legal separation judgment will become the framework for a future divorce judgment. Consequently, it is important to negotiate and litigate these matters deliberately and thoughtfully even though they may only apply to a temporary arrangement. It is hard to know how long a legal separation will last. Some couples may quickly reconcile, others may decide to pursue a divorce, and still others may decide to stay separated indefinitely.

What You Should Know About Getting a Legal Separation in Illinois

As previously mentioned, the important distinction between legal separation and divorce is that legal separation does not end your marriage. This means that if you decide to pursue another romantic relationship, you will not be able to marry a new partner unless you move forward with a divorce. However, if you decide to get back together with your spouse after a legal separation, you can file a motion to reverse the legal separation.

Additionally, before you go through with a legal separation, you should make sure that you are still eligible for your spouse's benefits. Our attorneys can advise you on what to expect during a legal separation, looking out for your best interests from start to finish.

Contact Our Kane County Legal Separation Lawyers

If divorce seems too extreme, or if you just want to test the waters of living apart from your spouse, legal separation may be an appealing option. However, even if you are not getting formally divorced, a legal separation should not be taken lightly.

If you are considering a legal separation, contact Shaw Sanders, P.C. by calling 630-584-5550 to arrange a complimentary consultation. We will assess your specific situation and explain if and how a legal separation could work for you. We understand that every marriage is unique, and we tailor our legal counsel to your circumstances and your objectives. From our office in St. Charles, Illinois, we represent clients throughout Northern Illinois.