Untying the Knot: The Key Differences Between Legal Separation and Divorce

 Posted on August 10, 2023 in Divorce

Marital problems are never simple to deal with. When they reach a breaking point, couples may consider legal options to move on. The two most common options are legal separation or divorce. Understanding the differences is important for making an informed decision.

What Is a Legal Separation? 

A legal separation is when both spouses decide to live apart. It is a court-approved agreement for separation, but a divorce is the only way to dissolve a marriage completely. So if you want to get remarried to some else, then a divorce may be best for you. 

Legal separation allows couples to step back, test a separation, and possibly reconnect in the future. When divorce appears too final, legal separation is a viable option. For many it could be due to religion or personal views. Divorce marks the end of a marriage and can be exhausting for both parties. It represents the end of the partnership. It can be a painful experience, so some view legal separation as a safer choice. 

Is It Better to Separate or Divorce? 

A legal separation allows certain benefits to remain shared between spouses. These benefits include health insurance, social security benefits, and easier tax filing. Outside of those benefits, the couple must still agree on separating the following if necessary: 

• Asset Division

• Child arrangements/Child Support

• Possibly spousal support payments 

Whether you pick legal separation or divorce depends on your unique case. A divorce or family law attorney can help determine the best choice for you. 

Is A Legal Separation or Divorce Faster? 

The time it takes to get a legal separation or divorce depends on many factors. Many of these depend on the specifics of your unique case. A legal separation is usually easier since it entails less legal complexity. But remember that legal separation is not guaranteed to be quicker than a divorce. A simple and easy legal separation depends on if both parties agree on the terms. 

The major difference between the two is that a divorce separates both spouses in the eye of the law so they can get remarried and start life again with someone new. 

Contact a DuPage County, IL Divorce Attorney

Choosing between legal separation and divorce needs careful consideration. The DuPage County Divorce attorneys at Fawell & Fawell can help. They can help navigate the complexities of all these legal proceedings. Call us today 630-871-2400 to schedule a free consultation. 

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K402 

https://www.psychologytoday.com/us/blog/better-divorce/202207/legal-separation-vs-divorce-which-should-you-choose?gclid=Cj0KCQjwrMKmBhCJARIsAHuEAPQRjk9OHMvcawUvDen5Cl2_eSbCzJG2bG00pbAcZmUllD9tAQ6f4pcaAhrWEALw_wcB