Celebrity-Divorce
Danny DeVito and Rhea Perlman have announced their separation after 30 years of marriage. To many fans, the announcement from this couple, known for the longevity of their marriage, came as a shock. The couple has not provided any reason for their decision to go separate ways.
Whatever their reason, the end of long-term marriages astonish people when couples decide to separate. Sometimes marriages are in disrepair for years, but the couple hides their problems or tries to work through their issues. Yet, couples in their fifties and sixties represent a growing segment of those getting divorced.
Interestingly, although Danny DeVito and Rhea Perlman stated their separation, there has been no mention of a divorce thus far. What is the significance of announcing only a separation? The couple may still try to work on their marriage and are not yet ready to divorce. As a Chicago divorce attorney, I often hear clients question the distinction between separated couples and couples who are legally separated. Despite the confusion about this topic, there is a difference.
When a married couple actually separates they have not altered their legal relationship. However, they can elect to become legally separated. A legal separation requires a formal legal process. In Illinois, a legal separation works much like a divorce case. One of the spouses must file to separate legally. Then, just like a divorce proceeding, custody, child support and maintenance issues can be determined by a judge. However, in a legal separation case, the judge has no right to divide property without both spouses’ consent. In the eyes of the law, a legally separated couple remains legally married.
Why do some couples choose legal separation rather than divorce? In Illinois although legal separations occur less frequently than divorces, some couples do prefer this option. Legal separations can allow couples time to work out their differences or avoid dealing with religious or cultural aspects, tax ramifications or other financial considerations.
Feel free to contact me if you have any questions regarding legal separation or divorce.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) located in the Chicago area.
