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In Illinois, legal separation allows spouses to live apart and address issues such as spousal maintenance, child support, and parenting responsibilities without formally ending the marriage. While legally separated, the spouses remain married in the eyes of the law and cannot remarry unless they later obtain a Judgment of Dissolution of Marriage.
Either spouse may file a Petition for Legal Separation in the county where the other spouse resides, or in the county where the petitioner resides if the respondent cannot be located. To obtain a legal separation, the filing spouse must demonstrate that the spouses are living separate and apart.
Legal separation can serve as a transitional arrangement for couples who do not yet wish to divorce but want to establish legal rights and obligations while living separately. If both parties later choose to proceed with a divorce, the terms of the legal separation may be incorporated into the final divorce judgment.
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