From Separation to Divorce in Illinois

 Posted on March 04, 2024 in Divorce

If you are already legally separated from your spouse, you may - or may not - have a far easier time getting divorced than most people. You already have certain financial agreements in place. You have been co-parenting while living apart. This may mean that you can fairly easily make the terms of your separation permanent by writing them into a divorce agreement. However, in some cases, separated spouses do undergo high-conflict divorces. This is common when one spouse has assumed the separation was temporary and that you would ultimately reconcile. Filing for divorce can cause one spouse to finally realize that the relationship is truly over, and they may not take this news well. If you are planning to get divorced after being legally separated, it is important to consult a well-qualified DuPage County, IL divorce lawyer.

When to Get Divorced After Separation

There can be certain benefits to remaining married but separate. Deciding whether to get divorced and if so, when, can be challenging. Some reasons you may choose to divorce include:

• Desire to remarry - If one of you has begun a relationship with someone else and would like to marry that person, you will need to get legally divorced first. 
• Escalating conflict - If despite living separate and apart, you are still experiencing a lot of conflict, or the conflict is getting worse, you may determine that it is better to bring the marriage to a close. 
• Passage of time - When you initially separated, you might not have been ready to let go of the marriage. As the years pass by, you may realize that you are happier and better off single than you were married. 
• Protecting your assets - If your spouse needs Medicaid, your assets could become subject to Medicaid reimbursement laws. Or, your spouse may act wrongfully with regard to your assets. Getting divorced might be necessary to keep your personal assets safe. 

Amicable v. High-Conflict Paths From Separation to Divorce 

The longer you have been separated, the more likely it is that your spouse has moved on and will respond positively to your request for divorce. If it has been years since you lived together, your spouse may be willing to simply use the terms of your separation to create a divorce agreement. However, if it has not been long and your spouse was hoping to reconcile, you may have a more challenging path to divorce.

Contact a Wheaton, IL Separation and Divorce Lawyer 

Andrew Cores Family Law Group can help with legal separation, divorce, or divorce after separation. Our committed DuPage County, IL divorce and separation attorneys will guide you through the process from start to finish. Contact us at 630-871-1002 for a free initial consultation with one of our qualified lawyers.