As a divorce specialist in the Chicago area, I am exposed to many misconceptions about divorce law. For example:

People often mistakenly think that they are “legally separated” if they live in separate residences. In actuality, a legal separation is a marital status, just as is divorced or married. (Section 402 of the Illinois Marriage and Dissolution of Marriage Act). In order to be legally separated in Illinois, a court must approve the legal separation and enter a court order to that effect.

If a spouse desires a trial separation and not a divorce, a legal separation is a vehicle to provide that spouse with support during the separation. However, it should be noted that while providing a legal support obligation, that same section, Section 402 of the Illinois Marriage and Dissolution of Marriage Act, also states that a legal separation does not bar the other spouse from obtaining a divorce if the requirements for a divorce are met.

Today, a legal separation is rarely used instead of a divorce. The primary reasons are:

1. During the period of actual separation, attorneys can agree to an informal arrangement for spousal support, so it is not necessary to obtain a formal court order of legal separation.
2. Pursuant to federal and state law, a spouse with a chronic illness no longer needs to remain married in order to obtain continuing health insurance coverage.
3. In order to obtain a legal separation, a spouse must retain a lawyer, who then files a court case… Continue reading →