If your marriage is at a breaking point, but you are not quite ready for a divorce, you may be considering options like legal separation. While this arrangement could help you determine whether a divorce is ahead for you and your spouse, you may worry about how this kind of split will impact your relationship with your kids. Will you still see them every day? Who will make the big decisions?
At Goodman Law Firm, we understand that these are difficult decisions, and we are here to help you make them. One of the benefits of legal separation is the opportunity to request court-ordered custody agreements to provide your family with stability in this season. Here, we explain the opportunities and impacts of separation, including for custody and parenting time.
What Is Legal Separation?
In Illinois, legal separation is a specific, court-ordered legal status. According to Illinois law, any person living separate and apart from their spouse can seek a judgment for legal separation.
Legal separation allows couples to live separately while remaining legally married. However, the court can now issue orders regarding:
- Reasonable support and maintenance (alimony)
- Child custody (allocation of parental responsibilities)
- Parenting time (visitation)
- Child support
These orders, whether for a temporary or permanent separation, help create structure for relational and financial concerns.
Why Choose Legal Separation Over Divorce?
Couples choose legal separation for various personal and strategic reasons. It can serve as a “trial run” for divorce or a permanent status for those who wish to stay married on paper.
Common reasons include:
- Religious beliefs: Some faiths prohibit divorce, making separation the only viable option.
- Health insurance: A legally separated spouse may still qualify for coverage under the other spouse’s plan, whereas divorce typically terminates this eligibility.
- Tax benefits: Couples may wish to continue filing taxes jointly.
- Hope for reconciliation: Some couples need time apart to decide if the marriage can be saved.
In the midst of these logistical and personal concerns, parents can benefit from the structured approach legal separation provides for custody matters.
Arranging Custody and Parenting Time
The most pressing concern for parents is usually their children. How will legal separation affect them? The process for determining custody in a legal separation is virtually identical to divorce proceedings. The court’s primary focus remains the best interests of the child.
Allocation of Parental Responsibilities
Illinois courts no longer use the terms “sole custody” or “joint custody.” Instead, they allocate parental responsibilities. This covers significant decision-making power regarding the child’s education, healthcare, religion, and extracurricular activities. In a legal separation, parents must decide, or have a judge decide, who makes these choices.
Parenting Time Schedules
Parenting time, formerly known as visitation, refers to when the child is physically with each parent. A judgment for legal separation will establish a specific parenting time schedule. Just like in divorce, if you and your spouse can collaborate, you can negotiate a schedule that works for your unique family dynamic. If you cannot agree, the court will determine a schedule that ensures the child maintains a healthy relationship with both parents, unless safety is a concern.
Taking the Next Right Step
Legal separation provides a structured way to live apart without finalizing a divorce. It allows for clear, court-ordered rules regarding your children and finances. However, it is a strict legal status that requires careful planning. If you are considering a legal separation, do not initiate it alone. Contact Goodman Law Firm today to schedule an appointment with a legal separation attorney. Let us help you find a solution that protects your future and your family.
