How Do I Transition From Legal Separation to Divorce in Illinois?

 Posted on July 04, 2025 in Divorce

Transitioning from a legal separation to divorce can feel like a big step, both legally and emotionally. In Illinois, knowing how the process works is essential for protecting your rights and planning for the future. A Wheaton, IL divorce lawyer will walk you through the legal requirements and help you update any agreements to better suit your current situation.

Can You File for Divorce After a Legal Separation in Illinois?

Being legally separated in Illinois does not close the door on divorce. Under 750 ILCS 5/402(c), either spouse can file for divorce while legally separated if they meet the requirements. These conditions are outlined in the Illinois Marriage and Dissolution of Marriage Act. It states that you or your spouse must have lived in Illinois for at least 90 days and must be able to prove "irreconcilable differences." Put simply, Section 401 of the act wants you to show that the problems in your marriage are so big that you cannot fix them. If trying to stay together would not be in the best interests of your family, you likely have irreconcilable differences.

The law does not force you to wait a certain period of time after separation. You can move forward with a divorce whenever you feel ready.

Will the Terms of Your Legal Separation Stay the Same for a Divorce in Illinois?

The court will often uphold the terms of your legal separation, but those terms do not automatically carry over. Filing for divorce is a fresh proceeding, and certain elements can shift when necessary. Property division will likely stay the same. Once the divorce is finalized, all decisions about dividing marital property are permanent. 

Court orders for legal separation can address financial issues like spousal maintenance, commonly known as alimony. These terms can be modified during divorce proceedings and even after divorce. It is not uncommon for a spouse who pays alimony during legal separation to decide to fight it during the divorce. 

Child support and the allocation of parental responsibilities, formerly known as custody, are never final. Under Section 602 of the Marriage and Dissolution of Marriage Act, the court divides parental responsibilities based on what is in the child’s best interests. If anything changed during the separation that could impact custody or child support, the court will assess and reconsider those judgments.

What Are the Advantages of Getting Legally Separated Before Divorce in Illinois?

There are several reasons why some couples choose to get legally separated before jumping to divorce. For example:

• You can keep health insurance coverage under your spouse’s plan while separated.

• It better suits couples with religious or personal beliefs that discourage divorce.

• It gives you time to live separately and decide if you really want a divorce.

• It allows you to divide finances while staying legally married, helping protect income or assets if either spouse has money troubles.

Choosing legal separation first can make the path to divorce smoother. If divorce feels too final for you, just know that it is not your only option.

Contact a Wheaton, IL Divorce Attorney for a Free Consultation

Making the move from legal separation to divorce is a significant decision that requires careful guidance. A knowledgeable DuPage County, IL divorce lawyer at Andrew Cores Family Law Group can help you secure fair outcomes for your finances, property, and family. Contact us at 630-871-1002 today to arrange your free consultation and learn more about what divorce proceedings may look like for you.