Naperville, IL Legal Separation Lawyers

Supportive Legal Separations Attorneys Representing Clients in Naperville, Illinois

When a marriage falls on hard times, some spouses decide that they need time apart. For people averse to divorce, or simply do not know if they are ready for divorce, pursuing a legal separation can provide some reprieve. A Naperville, Illinois family law attorney can help you pursue legal separation, working toward a resolution that serves your present and future needs.

At Fay & Farrow, we have decades of experience representing clients in contentious family law cases. If you are interested in legally separating from your spouse without getting a divorce, our firm can inform you of your options and pursue the best course of action.

What Is the Difference Between Legal Separation and Divorce?

Legal separation and divorce both address the adjustment of marital rights and obligations, yet they produce different legal outcomes. A divorce formally ends the marriage, dissolving the legal relationship between spouses and permitting each party to remarry. By contrast, a legal separation leaves the marriage intact while creating enforceable orders governing support, property division, and parental responsibilities.

Couples often choose legal separation when they seek time apart without permanently terminating the marital bond. This route preserves certain benefits—such as continued access to health insurance and retirement plans—that divorce would otherwise end. At the same time, it provides the certainty of court-issued directives on finances, living arrangements, and child custody, without the finality of a divorce decree.

Pros and Cons of Legal Separation

Legal separation offers distinct advantages for spouses who wish to live apart without fully dissolving their marriage. First, it allows continued eligibility for benefits tied to marital status, including health insurance coverage and military benefits. Second, it establishes a clear, enforceable framework for dividing assets and debts, reducing the risk of future disputes. Third, it can address emotional or religious objections to divorce by preserving the marital relationship in name.

On the other hand, legal separation has limitations. Because the marriage remains legally intact, neither spouse may remarry, and the arrangement can prolong uncertainty about future plans. Support orders and property divisions under a separation agreement are subject to modification by the court, whereas a divorce decree is generally more final. Lenders and government agencies may continue to regard separated spouses as legally married, which can affect loan applications, tax filings, and eligibility determinations.

How to Get a Legal Separation in Naperville

To obtain a legal separation in Naperville, one spouse must file a petition for legal separation with the DuPage County Circuit Court. The petition must state the grounds for separation (most commonly irreconcilable differences) and specify the relief sought, including requests for spousal support, property division, and parenting time if children are involved.

After the petition is filed and served on the other spouse, both parties exchange detailed financial disclosures. They then engage in negotiation or mediation to resolve disputes over assets, debts, and parenting arrangements. If the spouses reach an agreement, they submit a written separation agreement to the court for approval. Once the judge signs the separation judgment, it becomes an enforceable court order.

If the parties cannot agree on key issues, a judge may have to decide for them. At that hearing, the court will decide unresolved matters under Illinois law, including equitable division of marital property and the calculation of support obligations. Our attorneys can guide you through each stage, from filing the petition to advocating on your behalf.

Meet With a Naperville, Illinois Legal Separation Attorney

At Fay & Farrow, our team will take the time to understand the unique circumstances of your situation and tailor our advice accordingly. We guide you through the procedural requirements and advocate vigorously to protect your interests every step of the way. Call 630-961-0060 or contact our Naperville, Illinois legal separation attorneys to set up a free consultation.