Separation in Evanston vs. Divorce

Illinois laws recognize that a couple may want to live separately, with separate financial lives, without ending their marriage.  If a couple makes this choice, they must still present their case to the circuit court in the county where the couple last resided together, or where the responding spouse lives.

The court proceeding for an Evanston legal separation is almost identical to that of a divorce.  If the spouses cannot reach an agreement on the following issues, a judge will decide for them:

• Alimony
• Division of property
• Child custody
• Child support

If either spouse requests a divorce later on, the court may convert an Evanston separation to dissolution of marriage.  However, the way that the separation handled the marital issues is binding.

Protect your interests with an Evanston separation agreement

Even when you and your spouse agree on all of these issues, you should consult a family law attorney.  When you and your spouse reach an agreement, you need to document your decisions and file for a Judgment for Legal Separation.  A judge then reviews it to make sure that you and your spouse are dividing your rights and responsibilities fairly.

Attorney M. Gordon Scott assists you in reaching an agreement and documenting it for review.  Our firm understands the issues that the court wants addressed, and can anticipate how a judge might distribute property and custody.  We take into consideration the factors that he or she would consider when deciding on these matters.

Why choose legal separation in Evanston

Couples may choose a legal separation for any combination of the following reasons:

• The spouses have religious beliefs opposing divorce
• The spouses find negotiating an agreement for a legal separation less stressful than that of a divorce
• The spouses want to retain healthcare or other insurance benefits
• The spouses will receive favorable tax benefits if still married
• The spouses will soon be eligible for certain government benefits
• The spouses want a binding Evanston separation agreement while waiting the required period for a divorce

We understand why clients might prefer a legal separation to a divorce, and we help them to make an educated decision about this matter.  Attorney M. Gordon Scott offers guidance and advice based on years of experience, and with a personal interest in each case.

Get advice on choosing a divorce or separation in Evanston

We are committed to our clients, and to helping them to make important decisions for their families.  It is a critical moment when you are making a choice of divorce or separation—a moment when you need guidance—and we are there to help.

Contact our office online to speak with a Glenview divorce attorney, or call us at (847) 329-0101.