Why A Legal Separation Might Be Better Than Divorce

 Posted on November 21, 2023 in Divorce

There are potential advantages to choosing a legal separation over a divorce, most of which are financial and could be a good reason to remain legally married. Whether you prefer a legal separation or something more permanent like divorce, a skilled and experienced attorney can provide the advice and resources needed to navigate the legalities of the entire process.

What is the Difference Between a Legal Separation and a Divorce?

The primary and only relevant difference between the two is that in a legal separation, you are still considered married. Most important legal issues, such as child support and marital property division, are still addressed before a separation is finalized.

Why Consider a Legal Separation?

Divorce has a lot of negative stigmas attached to it that may make couples hesitant to go through with something so permanent. Things you should consider when deciding whether or not legal separation is a better option than divorce are:

• You believe there is a chance to reconcile with your spouse
• Religious beliefs forbid divorce
• Personal opinions on divorce and the associated social stigma
• Tax benefits for filing jointly
• Other government benefits such as military or social security 10-year deadlines
• There is no six-month waiting period to file

What About a Trial Separation?

A trial separation is an entirely different situation, legally speaking. Trial separations are agreements between spouses where both individuals will spend time away from one another. The intention is to see how the separation will affect them and if it is the right thing for the relationship moving forward. Unlike a divorce or legal separation, a trial separation does not involve any legal action and does not legally impact your marriage. You do not gain any legal benefits from this type of separation, which includes those that benefit your children.

The Downsides To Legal Separation

Legal separation has its benefits but also comes with some disadvantages. The process is still similar to a divorce in that it takes time and is costly. Another complication that a legal separation may bring is the inability to remarry. Legal separations can last indefinitely, and if you were to find new love during that time and wish to remarry, you would need to dissolve your marriage legally. That means tracking down your spouse and going through an entirely new process for a similar outcome. This could cause emotional strain on both parties, including financially.

Contact a Cook County, IL Divorce Attorney

A legal separation could be the better of the two options when it comes to taking a break from your significant other. This is especially true if there is still a chance you could rekindle things in the end. However, sometimes, it is just better to dissolve a marriage permanently. In either case, you will benefit from having an experienced Rolling Meadows, IL divorce lawyer at your side. When legal matters get complicated, a skilled lawyer from the The Law Offices of Curtis Bennett Ross, L.L.C. will help you navigate them. Contact our office at 312-984-1514 for a free limited consultation and the answers to any questions you may have concerning legal separation or divorce.