Anyone who has been married or in a serious relationship knows that things are not always as simple as they appear to be. Sometimes, a couple knows that their relationship is not working as it currently exists, but are not sure they are ready for a divorce. Legal separation offers an alternative to divorce or can be used as a step between living as a married couple and divorce. There are only a few reasons a couple may choose to legally separate as opposed to a divorce. Read on to learn about the benefits of legal separation in Illinois.

Separated Couples Are Still Legally Married

Legal separation can be advantageous in some situations. When a couple is not sure that they want to end the marriage, but want to live apart, separation can provide legally-binding constraints for co-parenting, child support, and spousal maintenance (alimony). Legal separation does not end the marriage so it may be an option for couples who choose not to divorce for religious reasons as well.

Legal separation is a contractually defined agreement between married individuals who choose to live apart while remaining legally married. Separation may be appropriate for couples who wish to maintain insurance coverage. Because legal separation does not change a couple’s marital status, separated couples can still file tax returns jointly. For couples who gain greater financial benefit from filing their taxes under the married filing jointly status, a legal separation may be a smart move.

If you are considering splitting up with your spouse in Illinois, you have several paths for doing so. Most couples end their marriage through divorce, but a legal separation is another option married couples have. Separation differs significantly from divorce, mainly in that separation is not designed to be permanent. Married couples seeking a divorce in Illinois are not required to be legally separated before getting divorced, but some couples choose to pursue a legal separation for other reasons.

Benefits of Legal Separation

Legal separation is a milder option than divorce. There are only a few reasons a couple may pursue a legal separation. Being legally separated can provide couples time apart before they make a final decision about whether or not to actually get divorced. Some people get a legal separation for religious or cultural reasons. Furthermore, separation can be a useful legal tool for individuals with complicated financial situations such as business owners or venture capitalists. When a couple is legally separated, the wealth and property they accumulate during this time is not considered marital property. If you believe your divorce may be extensive, a separation can protect you and your assets during the process.

Unlike in a divorce, the court does not have the authority to divide property of a legally separated couple. If the couple reaches a property settlement on their own, the court may include that agreement in the Judgment of Separation. There is no requirement to divide property when pursuing a legal separation.

While it may seem that summer just started, a quick look inside any big-box store is all the proof you need that back-to-school time is right around the corner. Shelves and displays are filled with notebooks, backpacks, and pencils, and school-appropriate styles dominate the clothing racks. As a parent, you are likely to be feeling a mix of emotions about sending your children back to school. On one hand, it is a little sad that summer will soon be over, but on the other hand, you could probably stand a little extra quiet time after being around your children more consistently. If you share co-parenting responsibilities with your former partner, however, back-to-school is a perfect time to re-evaluate your rules, boundaries, and other elements of your parenting arrangements.

Talk About the Upcoming Year

It is important for both parents to know what to expect for the new school year. If you are the parent with the majority of the parenting time, you probably have a good idea of what teachers your child will have, what time the bus comes, and similar details. For the sake of your children, be sure to share this information with the other parent. You may also need to confirm that the school is aware that each parent should be receiving important notices and paperwork. If you are the parent with less parenting time, you should also check with the school to make sure you are kept in the loop.

Family courts in Illinois—like those in the rest of the country—often have the unenviable task of making very difficult decisions regarding how a child will be cared for following the divorce or breakup of his or her parents. In more tragic situations, including those in which the child’s parents are deceased or incarcerated, the courts may need to decide on a guardian or other caretaker for the affected child. Throughout all of these types of cases, Illinois law provides that the child’s best interest should always be the top priority. To make sure the best interests of the child are fully protected, the court may appoint a specially-trained attorney to serve as a guardian ad litem for the duration of the proceedings.

The Role of a GAL

A guardian ad litem, or GAL, is an attorney who does not work on behalf of any party in a child-related legal matter. Instead, he or she serves more as an extension of the court and as an independent expert witness. The GAL is tasked with developing a proposed outcome for the case that, in his or her trained opinion, will provide the best possible scenario for the child. To do so, the GAL is granted the power to investigate the relevant circumstances of all involved parties by conducting interviews, visiting homes, and reviewing appropriate documents, including previous court records.

Not all that long ago, when a couple with children got divorced, children generally lived with their mother after the divorce. Many fathers did not get much time with their children and did not often remain terribly involved in their children’s lives. Today, there are countless ways for families to exist, including a number of arrangements that include divorced parents. A child who splits time between each parent’s house is no longer unusual.

If you are an unmarried or divorced parent, it can be challenging to make the most of the time you get with your child. There are, however, some things you can do to facilitate effective co-parenting.

Focus on Quality, Not Quantity