Legal separation in Illinois is covered in the Illinois Marriage and Dissolution of Marriage Act. Unlike a divorce, a legal separation does not legally end a marriage. However, a legal separation in Illinois does entail court action and is governed by Illinois law.

Lawsuit

A request for legal separation in Illinois is a lawsuit initiated by one married partner against the other, requesting the change in legal status from "married" to "legally separated." The lawsuit is filed by one partner at an Illinois court or in a court in the county where the spouse lives. The spouse receiving notification of the lawsuit is "served" by the appropriate court and can respond to the suit.

Legal Separation vs. Physical Separation

A legal separation in Illinois is a court-issued decision granting a change in marital status. Although one requirement for a legal separation in Illinois is that a married couple live apart, which Illinois law refers to as physical separation, physical separation is not the same as a legal change in marital status.

Jurisdiction

In order for an Illinois court to grant a legal separation, the court must have legal jurisdiction over the marriage partner filing the lawsuit. This requires that the marriage partner filing the petition for legal separation must reside in Illinois for more than 90 days.

Legal Separation vs. Divorce

Unlike a divorce, a legal separation does not dissolve or end a marriage. The rights and laws governing issues such as child custody, maintenance or alimony, and marital debt differ between divorced and legally separated couples. Legal separation does not allow for subsequent marriage until a divorce is issued.

Finalizing Court Proceedings

A legal separation in Illinois is official once a judge has signed and issued a judgment. The Judgment of Legal Separation must be certified and served to the spouse being sued. It will often contain any other judgments concerning child custody, maintenance, or resolution of marital debts.

Source:

Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)

The Chicago Bar Association, Legal Separation

More Information:

Illinois Legal Aid