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DuPage County divorce attorneysMaking the decision to legally terminate a marriage is a big step. For some people, it might be daunting to think of being single again, especially if they have been married for a long time. There are options that a couple can take if they are not ready to split up permanently. A trial separation is an informal agreement between two spouses that they will live apart for a period of time. Unlike a legal separation, a trial separation is not a legally binding contract, but in both situations, the pair is technically still married in the eyes of the law. In some instances, the married couple may choose to seek counseling to work out their problems during the separation. They may even reconcile and move back in with each other. However, some couples may decide to get a divorce after they are separated. 

Factors to Consider During a Separation

A trial separation begins as soon as one of the spouses moves out of the marital home. This means he or she will have to find a new place to live, whether it be temporary or long term. A couple can decide on the terms of their agreement, which can be flexible since it is not an official legal arrangement. This allows both partners to explore options regarding child-related and marital issues in the event of a divorce later on. 

Some of the important factors to consider in the short and long term following a separation include the following:

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Wheaton family law attorney

Couples who are experiencing problems may choose to separate for a period of time to see if that improves their relationship. Sometimes, living apart is a better option than divorcing. In Illinois, spouses may choose to create a legal separation agreement approved by the court, allowing them to live independently of each other in both physical and financial terms. However, this legal process does not end the marriage. A legal separation can sometimes be a simpler and less costly process than a divorce, as long as a couple agrees on the terms.

Reasons for Separating

A couple who has been married for a long time may be unsure about getting a divorce, and they may decide to do a “trial separation,” which often means living apart for a certain amount of time. This trial period can lead to a legal separation if both parties are not ready for a more permanent decision such as divorce.

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Naperville divorce and legal separation lawyerMarriage is a legal union between two people, but when one or both of those people no longer wish to be in the marriage, they may feel it is necessary to get a divorce. However, there are other steps couples may take besides divorce, depending on their situation. In some cases, couples may choose legal separation or annulment. If you are considering ending your marriage, it is important to know the difference between legal separation, annulment, and divorce. 

Legal Separation

Couples who are considering a permanent split may separate for a time if they are trying to work through their differences. However, this is not the same as a legal separation. Legal separation is an agreement or decision that is specifically put in place by the court. It outlines the rights and obligations of each person in the relationship until further action is taken. Legal separation is not necessary if couples can agree on their rights and obligations while they are separated, but it can be a helpful step to take in case a disagreement arises over issues such as child custody, visitation, or property rights.

Annulment

Annulment, also known as a judgment of invalidity, is the legal process of declaring that a marriage is not valid, essentially saying that the marriage never existed at all. A marriage may be annulled in Illinois if one partner did not consent to the marriage, was already married to another person, or was under the age of 18.

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