110 E. Schiller Street, Suite 320, Elmhurst, IL 60126

Weiss-Kunz & Oliver, LLC312-605-4041


DuPage County Legal Separation Lawyers

Hinsdale legal separation attorney for child custody and property division

Attorneys Assisting With Separation Agreements in Park Ridge and Chicago

If a married couple's relationship has broken down, it is sometimes obvious to everyone around them that divorce is inevitable. However, many couples are reluctant to take the final and irrevocable step of legally ending their marriage, and they may wish to separate for a period of time while they decide whether to go ahead with divorce. In other cases, people may wish to remain legally married for religious or financial (health) reasons, even if they live apart. If you are planning to separate from your spouse, you should speak to an attorney and discuss your options for a legal separation.

The lawyers of Weiss-Kunz & Oliver, LLC understand the complicated legal issues that must be addressed during legal separation, divorce, and in other family law cases. We can advise you of your rights and help you negotiate a separation agreement that will meet your needs. If necessary, we are prepared to advocate for you in the courtroom if and when the settlement ends (through litigation).

Creating a Separation Agreement

If you choose to legally separate from your spouse, either party may file a petition for legal separation. It is important to understand that once a legal separation is granted, you will continue to remain legally married to your spouse, but you will have a separation agreement in place governing how certain matters will be handled. These may include the following issues, or more:

  • Child custody - If you and your spouse have children together, you will need to create a parenting plan that describes how you will share in making decisions about raising your children and when children will spend time with each parent. If an agreement cannot be reached, the court will allocate parental responsibilities and parenting time based on what is in children's best interests.
  • Child support - Both parents will be required to provide for children's ongoing financial needs, including day-to-day living expenses and additional costs such as child care, medical treatment, and extracurricular activities. Child support obligations will be based on the income each parent earns, and the percentage of time children spend with each parent may also be a factor in these calculations.
  • Spousal maintenance (alimony) - While separated, both spouses should be able to maintain the standard of living they were used to during the marriage. If one spouse earns a higher income, spousal support (commonly known as alimony) may be awarded to the other party.
  • Property division - Separating spouses may reach an agreement about how to divide their marital assets. Unlike the other issues that may be addressed in a separation agreement, the court will not make any allocation of property unless this allocation is agreed upon by both parties. The court may choose to disapprove an allocation agreement if it would be unconscionable, or grossly unfair to one party.

A separation agreement may contain many of the same provisions of a marital settlement agreement. In fact, if either party chooses to pursue a divorce at some point in the future, many of the decisions made in the separation agreement may be incorporated into the divorce settlement, allowing the divorce process to proceed more quickly and smoothly.

Contact Our Cook County Family Law Attorneys

If you are considering a separation from your spouse, we can help you understand your options. We will work with you to create a legal separation agreement that provides you with the rights and protections you need.

To begin the process of legal separation, contact us today by calling 312-605-4041. We assist with family law cases Chicago, Lincolnwood, Park Ridge, Skokie, River Forest, Elmhurst, Hinsdale, Oak Brook, Burr Ridge, and throughout Cook County and DuPage County.

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