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What does legally separated mean in Illinois? Legally separated means parties are physically and financially separated but still married. This means that parties can live separate lives, but they are still linked in some important ways.
Illinois allows for couples to be legally separated for an indefinite period of time, so a spouse can file for divorce at any time after a court finalizes separation.
To legally separate in Illinois, one spouse will need to file a request with a circuit court in the county where they live. They can also file in the county they last lived in as a couple. A court clerk will be able to give you the forms you need.
You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.
The difference is that divorce resolves all matters relating to the marriage and allows the people involved to remarry. On the other hand, in a legal separation both people continue their lives separate and apart. Neither of them can remarry unless there is a subsequent divorce.
Separation can give both parties more time and space to consider their goals and desires while the divorce is final. It provides breathing room to prevent further conflict and gives each person time to reflect and heal. Separation can also allow to experience independence while keeping your relationship legally intact.