Legal Separation
Illinois Legal Separation Attorneys in Lisle, IL
Legal separations are very similar to divorces. Legal separations allow couples to make decisions that sever legal and financial ties to each other without completely ending their marriage. While not as common as divorces, they offer an alternative option for couples that wish to preserve their marriage for financial, religious or other reasons.
At Momkus McCluskey, LLC, our attorneys are skilled in handling legal separations. We explain the specifics of legal separations and whether legal separation would be advantageous to our clients. One of the largest firms in DuPage County, we have offices in Lisle, IL and downtown Chicago.
Legal Separation Versus Divorce
A legal separation is not accomplished when a spouse moves out. Like divorces, legal separations are handled in court. Documents are filed and orders for child custody, child support, spousal maintenance/alimony and other issues are made. If both parties agree, property may also be divided in a legal separation. Otherwise, the court may make temporary orders for how property will be used during the separation.
The primary difference between a legal separation and a divorce is that the marriage is not over in a legal separation. Neither party can remarry unless and until a divorce is finalized. Legal separations may be converted to divorces at any time and usually are at a later date.
When to Consider Legal Separation
In cases where attorneys anticipate protracted negotiations or litigation, a legal separation prior to a divorce may be recommended for financial reasons. Filing for a legal separation can provide the opportunity to resolve some issues with the marital estate in a more timely manner that may have tax or other financial advantages. At Momkus McCluskey, LLC, we are experienced in identifying when filing for legal separation prior to or in lieu of divorce can benefit our clients.
To schedule a consultation with an experienced and knowledgeable family law attorney skilled in handling legal separations, contact Momkus McCluskey, LLC.
