Aurora, IL Legal Separation Lawyers

Skilled Lawyers for Separation Agreements in Aurora, Illinois

There are many reasons you may consider divorce, but ending your marriage is a big step that will require major life changes. Because the dissolution of your marriage can affect your children, your living situation, your family relationships, and more, you and your spouse may wish to separate while you determine whether to go ahead with your divorce. Even if you do end your relationship, you may want to remain legally married for religious or financial reasons. In these cases, legal separation can ensure that your rights are protected, and it can provide a framework for success in your ongoing relationship with your spouse and your children.

Attorney Matthew M. Williams has been working in the field of family law for more than 20 years. If you are considering a legal separation, the team at The Law Office of Matthew M. Williams, P.C. can help you understand your rights, and we will work with you and your spouse to create an agreement that will address your concerns and meet your family's needs.

Legal Separation in Illinois

Under Illinois law, the process of legally separating from your spouse is very similar to divorce. Either spouse can file a petition for legal separation, and during the legal proceedings, the court will address how certain matters will be handled while the two of you are living separately. Spousal maintenance and/or child support may be awarded, and you and your spouse may decide on the ownership of marital property during your separation. Either spouse may file for divorce at a later date.

Typically, spouses who decide to legally separate will create a separation agreement that addresses the various aspects of their relationship while they are separated. Your separation agreement may include decisions about:

• Allocation of Parental Responsibility and Parenting Time: How will you and your spouse make decisions about how your children should be raised? What rules will be followed regarding discipline, schoolwork, curfews, etc.? When will children spend time with each parent? What types of communication are allowed between parents and children? You can create a parenting plan that will address all of these issues, serving as a framework for how child custody will be handled during your separation or in an eventual divorce.
• Child Support: If the children will be primarily living with one parent during the separation, the guidelines defined in Illinois law may be used to determine each parent's financial obligations toward the children. A child support order may also include expenses that will be required, such as medical expenses, child care expenses, and the costs of extracurricular activities.
• Spousal Maintenance: Will one spouse need financial support to maintain their standard of living? How much support will be paid, and how long will it last? Your separation agreement can include arrangements for spousal support to help ensure that one spouse will not be at a financial disadvantage.
• Property Division: Who will live in the family home? How will funds in joint bank accounts be divided? Who will be responsible for paying joint debts, including credit cards, auto loans, and mortgage payments? You and your spouse will need to reach agreements on how these issues will be handled during your separation.
• Tax Issues: Will you and your spouse continue filing joint tax returns? If you file separately, who will claim children as dependents? Who will be responsible for paying property tax on the marital home? Deciding on these issues now can help you avoid financial problems in the future.

Settling these issues through a legal separation can help you avoid confusion and allow you to establish a life separate from your spouse. It can also create a framework to follow in the case of divorce, reducing the potential for conflict if you decide to dissolve your marriage in the future. There is no time limit for legal separation; you can remain married and legally separated indefinitely. However, if you wish to get married to someone else, you will need to legally end your marriage before doing so.

Contact Our Aurora, IL Legal Separation Lawyers

If you are unsure about going through with your divorce, or if you want to explore other options, you may wish to consider a legal separation. To learn more about how The Law Office of Matthew M. Williams, P.C. can help you create a separation agreement that protects your rights and meets your family's needs, contact our Aurora legal separation attorneys and arrange a free, confidential consultation by calling 630-409-8184.