How Can I Obtain a Legal Separation in Illinois?

 Posted on December 20, 2025 in Legal Separation

Are you thinking about leaving your marriage, but you’re not yet sure that divorce is the right answer? Maybe you have religious reasons for staying married, or maybe you need to keep health insurance. Maybe you just need space to figure things out.

Whatever the reason, legal separation can give you a gentler alternative to divorce. It lets you live apart, divide finances, and protect your rights without actually ending your marriage.

Our McHenry County family law attorney can help you understand whether legal separation makes sense for you in 2026. Call The Thomas Law Office at 847-426-7990 for a consultation.

What Is Legal Separation?

Legal separation is a court order that lets married couples live apart and divide their lives while staying legally married. You will usually live in separate homes, split finances, and make arrangements for kids if you have them. But you cannot remarry unless you later get divorced.

Legal separation is not just moving out. It means going to court and getting a formal agreement that addresses:

• Parenting time (visitation)

• Parental responsibilities (custody)

• Child support

• Spousal maintenance (alimony)

Under 750 ILCS 5/402, Illinois law treats legal separation seriously because it affects your legal rights and responsibilities.

Why Would I Choose Legal Separation Instead of Divorce?

It can help to think of legal separation as hitting pause on your marriage instead of ending it completely. The main reason people choose this path is they have something important to gain by staying married, even if they cannot live together anymore. For many couples this could be: 

• Healthcare coverage

• Religion or personal beliefs

• Financial benefits

• Stability for underage kids

• Genuine uncertainty about the marriage

What Issues Does Legal Separation Address?

Legal separation covers most of the same ground as divorce. If you have kids, you will need agreements about parenting time, where the children live, who makes major decisions about education and healthcare, and how much child support gets paid.

For spousal support, the court can order one spouse to pay alimony to the other, just like in divorce. This is especially important if one spouse stayed home with kids or earns significantly less.

The big difference from divorce is property division. In a legal separation, the court will not divide your property unless both spouses agree to it. If you want the court to split assets and debts, you need to get divorced.

How Do I File for Legal Separation in Illinois?

Step 1: Make Sure You Meet the Requirements

Before you file, you need to be living apart from your spouse. One of you must have lived in Illinois for at least 90 days. If you have kids, they must have lived in Illinois for at least six months, with some exceptions.

Step 2: File Your Petition

File a Petition for Legal Separation with the circuit court in the county where you or your spouse lives. Even if your spouse moved out of Illinois, you can still file in your Illinois county.

Step 3: Serve Your Spouse

After you file, your spouse gets served with the petition and has a chance to respond. They can agree with what you are asking for, or they can contest it.

Step 4: Negotiate the Terms 

If you both agree on the terms, the process moves faster. If you disagree, you may need hearings where a judge decides the contested issues.

Step 5: Move Forward

You both start living your lives separately. 

Can I Turn My Legal Separation Into a Divorce Later?

According to research by the Journal of Divorce and Remarriage, very few separations reconcile. At the same time, some research also suggests that at least one spouse in 75 percent of couples regrets getting a divorce within a year. You are not alone in feeling conflicted about whether you really want to separate. 

If you decide later that you want to divorce, you can convert your legal separation into a divorce. The court can use your existing separation agreement as the basis for the divorce settlement, though you may need to address property division if you did not do that during separation.

What Are the Downsides of Legal Separation?

Legal separation costs about the same as divorce in attorney fees and court costs, but you ultimately are still married. If you eventually decide to divorce, you will pay those costs twice.

You cannot remarry while legally separated. If you meet someone new and want to marry them, you will need to convert your separation to divorce first.

Staying legally married can also complicate things if your spouse gets into debt, gets sued, or creates other legal problems. You may still be financially connected in ways that could affect you.

Contact a McHenry County, IL Legal Separation Lawyer

The Thomas Law Office has handled many divorce and legal separation cases and can help you understand your rights and options. Our Kane County family law attorney will work with you to create a separation agreement that protects your interests and meets your family's needs. Call The Thomas Law Office at 847-426-7990 to schedule a consultation.