Legal separation is an option for couples in Illinois who want to live apart but are not ready to file for divorce. Some spouses choose separation due to religious beliefs, financial reasons or a hope of reconciliation. While legal separation does not end a marriage, it allows spouses to establish formal agreements regarding issues such as child custody, spousal support and property division while they go their separate ways.
Unlike an informal separation, legal separation requires filing a petition with the court and obtaining a judge’s approval. To obtain a legal separation in Illinois, at least one spouse must have lived in the state for at least 90 days. The process begins when one spouse files a petition for legal separation in the circuit court of the county where they reside. The petition must outline the reasons for the separation and any requested arrangements for children, financial support or property division.
Unlike divorce, Illinois law does not require spouses to prove grounds for separation beyond living apart. However, a judge will review the terms of the separation agreement to ensure fairness, especially in cases involving children. If both spouses agree on the terms, the process is generally straightforward. If they cannot agree, the court may step in to decide issues such as custody and support.
Legal separation vs. divorce
The main difference between legal separation and divorce is that a separated couple remains legally married. This means they cannot remarry unless they obtain a divorce. However, legal separation allows couples to retain certain benefits, such as health insurance coverage or tax advantages that may be lost in a divorce. Also, legal separation does not permanently divide marital assets as a divorce does. If a couple later decides to divorce, they may need to revisit these issues.
Legal separation may be a good option for couples who are unsure about divorce but need formal arrangements while living apart. Learning more by seeking personalized legal guidance is always an option.