Legal separation is an option for couples in Illinois who no longer wish to live together but are not ready or willing to divorce. Unlike divorce, legal separation allows spouses to remain legally married while benefiting from formalized agreements concerning matters such as parenting time and property division.
Some couples choose legal separation for financial, religious or personal reasons, while others use it as a step toward divorce. Understanding how legal separation works in Illinois can help couples decide if it is the right choice for their situation.
How it works
In Illinois, to obtain a legal separation, one spouse must file a petition with the court. The process begins by filing a Petition for Legal Separation in the county where at least one spouse resides. Unlike divorce, Illinois law does not require a period of separation before filing for legal separation, but a couple must be living apart at the time of filing.
Once the petition is filed, the court can issue orders regarding child custody, child support and spousal maintenance, when applicable. However, the court cannot divide marital property unless both spouses agree to terms of such an arrangement. If the spouses cannot reach an agreement on financial matters, they may have to resolve these issues later in a divorce proceeding.
While legal separation provides many of the same legal protections as divorce, it does not grant the right to remarry. If either spouse decides to pursue a new relationship, they must obtain a divorce first. Additionally, because Illinois courts do not automatically divide property in a legal separation, spouses should consider whether they want to address property division immediately or wait until a divorce.
Legal separation can be a viable option for couples who need legal protections while staying married. Seeking legal guidance can help spouses to better understand their rights and options accordingly.
