Legal Separation


You can seek a legal separation by filing a Petition stating that you and your spouse are living separate and apart and providing information similar to that in a Petition for Dissolution of Marriage. You must file for legal separation in the county where:

  • Your spouse resides; OR
  • You and your spouse last resided as husband and wife; OR
  • If your spouse cannot be found in Illinois, the county in which you reside.

NOTE: A legal separation does NOT terminate a marriage. Even if a Judgment for Legal Separation is granted, the parties remain legally married unless and until a Judgment for Dissolution is entered. However, the court may award support to the other party if appropriate and pursuant to a Petition and proper Notice.