Legal Separation Attorney Serving Northwest Indiana and the Chicagoland Area
Not every couple is ready to divorce. Some want time apart to decide, some have religious or personal reasons to stay married, and some need to keep health insurance or other benefits in place. A legal separation lets you live apart with court orders covering support, parenting time and other issues, without ending the marriage.
At First Response Legal, we help spouses in Northwest Indiana and the Chicagoland area understand whether legal separation or divorce fits their situation, and we handle the case with discretion and steady guidance.
Legal Separation in Indiana
In Indiana, a court may grant a decree of legal separation for a period of no more than one year when living together has become intolerable but the marriage should be maintained, under Indiana Code 31-15-3-9. During that time, the court can address temporary support, parenting time and use of property. At the end of the separation, spouses may reconcile or one may file for dissolution.
Legal Separation in Illinois
Illinois allows a spouse who is living apart to ask the court for support and maintenance while remaining married, under 750 ILCS 5/402. As Illinois Legal Aid Online explains, a legal separation leaves you legally married, so you cannot remarry, and a judge generally cannot divide property unless both spouses agree. Residency of at least 90 days in Illinois is required before the order is entered.
Legal Separation or Divorce?
- You are still married after a legal separation; a divorce ends the marriage.
- Benefits such as health insurance may continue in some cases during a separation; check your plan's rules.
- Children: courts can address parenting time and decision-making and child support in either case.
- Property: division is final in a divorce; in a separation, it may be temporary or require agreement.
- Reconciliation is still possible after a separation without remarrying.
For frontline workers, a separation can also raise questions about pensions and shift-based parenting schedules. See frontline workers family law.
Common Questions
Is legal separation the same as divorce?
No. After a legal separation you are still married and cannot remarry. A divorce ends the marriage.
How long does a legal separation last in Indiana?
An Indiana decree of legal separation lasts no more than one year, under Indiana Code 31-15-3-9.
Can the court divide property in an Illinois legal separation?
Generally only if both spouses agree. Otherwise, property division happens in a divorce.
Can we turn a legal separation into a divorce later?
Yes. Either spouse can later file for divorce, and the separation terms can help shape the divorce.
This page is for general information and is not legal advice. Every case is different; contact us to discuss yours.