Legal Separation vs. Divorce: What Is the Difference?

 Posted on October 17, 2024 in Family Law

When a marriage reaches a point where a couple can no longer live together, they may consider two options: legal separation or divorce. While both processes involve living apart, they have important legal differences that can impact finances, responsibilities, and personal status. Understanding the distinctions between the two is essential in order to make an informed decision. If you have questions about legal separation and divorce, an Illinois divorce attorney can help you understand the differences and determine which option works best for your situation.

What Is Legal Separation?

Legal separation allows couples to live apart while remaining legally married. Couples may choose this option due to religious beliefs or personal reasons or to maintain certain marital benefits, such as health insurance and tax advantages. The critical difference is that legal separation does not end the marriage.

What Is Divorce?

Divorce is the legal termination of a marriage. The marriage is dissolved once a divorce is finalized, and both parties are legally considered single. Illinois courts divide marital assets, allocate debts, and determine custody, support, and visitation if children are involved during the divorce process.

What Happens to Property and Debts?

Legal separation and divorce involve the division of marital property and debts. However, a major difference exists in how new financial responsibilities are handled. In a legal separation, the couple remains married, so new debts incurred after the separation might still be shared unless otherwise specified by the court. Divorce, on the other hand, completely separates the financial responsibilities of both parties.

How Does Legal Separation Affect Custody and Support?

Both options require decisions on child custody, visitation, and support. In a legal separation, these decisions can be temporary or long-term. The custody and support orders can be terminated if the couple later reconciles. If the couple ultimately decides to divorce after a legal separation, the custody and support terms may need to be reviewed and modified. In a divorce, custody, and support arrangements are generally permanent, though they can be adjusted if circumstances drastically change.

Can Legal Separation Be Reversed?

Yes, legal separation can be reversed if both spouses agree to reconcile. The couple can request that the court dismiss the legal separation order, allowing them to resume their marriage without needing to file for a new marriage license. Divorce, however, is a permanent legal termination of the marriage. Once a divorce is finalized, the only way to resume the relationship would be to remarry.

Contact a DuPage County, IL Family Lawyer

Choosing between legal separation and divorce is a personal decision with significant legal consequences. If you are considering either option, it is important to understand the differences and consult a knowledgeable lawyer to protect your rights. Contact a Wheaton, IL family law attorney at Goostree Law Group by calling 630-364-4046 for a free consultation.