Legal Separation in Peoria

If you and your spouse are looking for an alternative to divorce, you may want to consider getting a legal separation. At Miller Law Offices, P.C., I strive to provide residents of Peoria with solutions to all of their family law matters.

What is a legal separation?

The simplest way to define a legal separation is as a process that allows you to remain legally married while living separately. While legal separation can be very similar to divorce, you are still married to your spouse. A divorce allows you to remarry, but a legal separation does not.

During the time the spouses are living apart, there is a court order that outlines the rights and responsibilities of each spouse. This separation agreement can address a number of issues, including child custody, child support, visitation, spousal support, and property division. It is important to come up with a separation agreement that you and your spouse are comfortable living with long term because if you do get divorced, the judge will most likely carry over the same guidelines that were used for the separation agreement into the divorce settlement agreement.

Benefits of Separation Compared to Divorce

While separation is similar to divorce, there are benefits to pursuing a separation that divorce does not offer. When you consult me as your Peoria family lawyer, I can explain all of your options and the advantages and disadvantages of each choice.

Some of the benefits of separation include:

  • Religious beliefs – For individuals whose religion does not permit divorce, a legal separation accomplishes all of the technical matters that a divorce would while preserving the matrimonial ties that the parties wish to maintain.
  • Benefits – Separation allows for the retention of certain benefits that divorce would bring to an end.
  • Time apart – If couples need to spend time apart in order to determine whether divorce is truly the best option, a separation allows them to do so.
  • Social Security benefits – A marriage of 10 years or more allows spouses to take advantage of certain Social Security benefits, which can be lost upon divorce.

Call Miller Law Offices, P.C. today!

Deciding whether a legal separation or a divorce is best for you can be a difficult decision. By working with my firm, I can help you and your spouse determine which course of action is most beneficial for your situation. To see whether legal separation would be an effective solution for you, do not hesitate to contact my firm today.