Why would someone choose legal separation over divorce?

Couples may choose legal separation over divorce for several reasons, including the ability to retain certain financial benefits, such as shared health insurance or military benefits, which may be lost after a divorce. Legal separation can also be beneficial for social or cultural reasons, particularly in communities where divorce is discouraged. Additionally, legal separation offers a temporary break that allows couples to live apart and potentially reconcile, without the finality of a divorce.

Anderson Boback & Marshall

Does Legal Separation Make Sense? Understanding Legal Separation vs. Divorce in Illinois

Published April 23, 2024

Categorized as Divorce, Legal Separation

When a marriage becomes strained, couples face challenging decisions. Should they opt for a divorce or consider legal separation? Understanding the key differences between these two legal processes is important to make an informed choice. In Illinois, legal separation offers a path to living apart while retaining some marital benefits. However, it’s not the same

Can Drug Use Impact Child Custody?

Published April 17, 2024

Categorized as Child Custody

When child custody, which the state of Illinois now calls parenting time and allocation of decision-making, is an issue before the Court, the primary consideration by the Court is always going to be the best interest of the child/children. There are a variety of factors that the Court must consider when determining the best interests

Am I Ready to Hire a Divorce Attorney?

Published April 13, 2024

Categorized as Divorce

As Chicago divorce attorneys, a common question we often hear from potential clients is, “When is the right time for me to hire a divorce attorney?” People are often concerned about hiring an attorney too soon – what if their spouse doesn’t know they are contemplating divorce? Can they pay the retainer fee using marital

Collaborative Divorce Illinois – Another Approach to Divorce

Published March 29, 2024

Categorized as Collaborative Divorce

In my many years as a family law attorney in Illinois, most clients come to me ready to divorce—preferably yesterday. They are coming from unhappy, but not overly acrimonious, marriages. No one is throwing clothes out the window, crashing cars, or setting anything on fire. For most couples, splitting up isn’t about drama. Rather, it’s

Surviving Financially After Divorce in Chicago

Published March 22, 2024

Categorized as Divorce

Divorce can take a financial toll on any family that goes through it. Post-divorce, families are essentially required to run two households on the same amount of income with which they used to only run one household. So, logically, it makes sense that expenses and spending would be different post-divorce. This is why it is

Child Custody and Visitation Rights for Third Parties

Published March 15, 2024

Categorized as Child Custody & Visitation

In Illinois, the laws surrounding custody and visitation rights extend beyond just parents. Third parties, such as grandparents, stepparents, or other family members, may also seek custody or visitation rights under certain circumstances. The applicable laws are designed to prioritize the best interests of the child while also recognizing the importance of maintaining familial relationships.