How are Divorce, Legal Separation, and Annulment Different in Illinois?

DuPage County Family Law Attorneys Help Explain Separation Options

When you are examining various methods of separation between you and your spouse, it is important to know the differences between your options. Before acting, it is important that you speak to an experienced attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine which route is best for your situation. During your case, we can provide you with effective legal representation, ensuring that your rights will be protected. We will advocate for you when negotiating agreements or handling matters in the courtroom, ensuring that you will be able to end your marriage and move forward successfully.

Divorce

A divorce is a complete termination of a marriage, which leads to what is called a judgment for "dissolution of marriage." This process addresses all of the issues between former spouses, such as parenting time for any children you may have, other parental responsibilities, who will be paying child support, distribution of any debts or assets you share together, and if one of you will have to pay maintenance to the other spouse. This is often the best option for ending a long-term relationship, and it provides a sense of finality and ensures that you will be able to move forward, establish new living arrangements, maintain relationships with your children, and get married to a new partner in the future.

Legal Separation

The main difference between divorce and legal separation is that a separation does not dissolve the marriage. You and your spouse can fill out a legal separation agreement to address many of the same issues that would be involved in a divorce. You can make decisions about the allocation of parental duties or payments such as child support or spousal support, although if you cannot agree on these matters, a judge may make decisions for you. Property cannot be divided unless you and your spouse have agreed on how to do so. Legal separation may be an option if you wish to maintain some of the benefits of marriage, such as inheritance rights or shared health insurance. However, if you plan to marry a new partner, you will need to end your legal separation and get a divorce.

Annulment

An annulment may be available if you can show that your marriage should not have gone forward. Illinois law refers to annulment as an "invalidity of marriage." A marriage may be declared invalid if there was a lack of consent due to mental incapacity or being under the influence of drugs and/or alcohol, if a spouse was underage (16 or 17 years old) and did not have the consent of their parents, or if one spouse was physically unable to consummate the marriage and the other spouse was not aware of this issue. Marriages may also be annulled if they were legally prohibited, such as when the spouses were related to each other. Annulments will only be available in these specific situations, and in other cases, a couple will need to proceed with a divorce in order to end their marriage.

Contact Our Wheaton, IL Family Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have been assisting with family law and divorce cases since 1949. If you live in DuPage County, Kendall County, or Kane County, contact us to set up an initial consultation and get answers to any questions you may have. You can reach our Wheaton, Illinois, office at 630-665-7300 for more information.