Divorce, Annulment and Legal Separation


Divorce, Annulment and Legal Separation Lawyer

Trusted and Experienced Family Law Legal Help Since 1966

When a couple decides to end a marriage, they have several options, including:

  • Legal separation
  • Annulment

Before you decide which legal option will best serve your interests, it’s important to understand how these actions differ and what they offer you.

Divorce vs. Legal Separation

The greatest confusion in understanding end-of-marriage options usually involves divorce and legal separation.
To obtain a legal separation you need to fill stringent legal requirements and gain little benefit. Requirements include the need for you and your spouse to live in separate places. However, a legal separation does not terminate spouses’ legal responsibility to each other; spouses are married and may still be liable for each others’ debts.

The primary advantage to seeking divorce over a legal separation is that, with a divorce, the marriage is truly ended and individuals can remarry. With a legal separation, the spouses are still married and joint liability may continue. For this reason very few legal separations are sought in Illinois.

Understanding Annulments

Though couples seeking an end to their marriage sometimes wish their marriage had never “happened,” annulments are rarely granted. To obtain an annulment, it is necessary to prove that the marriage involved fraud, bigamy, an under-age person, lack of capacity or marriage to a blood-related person.

Contact Us If You Have Questions or Need Legal Help

Divorce, annulment and legal separation laws are complex and it’s important to consult and work with an experienced family law attorney prior to taking action. Elliot Heidelberger has helped hundreds of people end their marriages strategically and legally while carefully protecting their interests. Contact us at Naperville, Hanover Park and Chicago offices at (847) 497-5020.