Many couples who feel their marriage is failing file for divorce. But Illinois law offers another option that some couples find appealing: legal separation. Being legally separated allows two spouses to live separately but remain legally married. It is seen as a halfway point between marriage and divorce and has several benefits.
Sometimes, however, divorce may be the better choice. The best way to know which is best for you is to consult a skilled Illinois divorce attorney who can explain to you the pros and cons of each option.
This article will discuss what legal separation is, why some couples choose it, and whether you can continue living with your spouse if you are legally separated.
What is Legal Separation?
Illinois law allows couples who live “separate and apart” to file for legal separation. This means that before the spouses petition the court they must be living separately. Being legally separated has many similarities to divorce, for example: