Is There a Mandatory Separation Period in Illinois Divorce?

 Posted on September 28, 2025 in Divorce

Getting a divorce is an experience most people would choose to avoid. Yet every day, couples across Illinois decide to end their marriages and begin the often difficult process of making it official. Every state has its own set of laws governing divorce proceedings, and these laws can vary significantly. In Illinois, one common question couples have is whether there is a mandatory separation period before a divorce can move forward.

If you have decided to dissolve your marriage, contact our experienced Wheaton, IL divorce lawyers today to learn more about your options.

No Mandatory Separation Period for Divorce in Illinois

Unlike some states, Illinois does not require couples to live apart for a minimum amount of time before they can file for divorce. This makes it possible for couples who agree to divorce to start the process right away.

However, if one spouse disagrees and does not want the divorce, Illinois law includes a six-month separation presumption. According to the Illinois Marriage and Dissolution of Marriage Act, if the spouses have lived separately for at least six months, the court will presume that irreconcilable differences exist. Keep in mind that the term "separately" can mean different things under Illinois family law.

What Does Separation Mean Under Illinois Law?

Some couples pursue a legal separation through the courts. Others may be considered separated even while living under the same roof.

Legal Separation in Illinois

Illinois law allows for legal separation as an alternative to divorce. A legal separation order does not end the marriage. However, it does allow spouses to live apart with a court-approved arrangement. These orders can cover parental responsibilities, parenting time, and spousal support. People often choose legal separation for religious reasons, financial concerns, or because they are not yet ready to divorce but are no longer comfortable in their marriage.

Under 750 ILCS 5/402, either spouse can file for legal separation. If the couple later decides to divorce, the court can convert the separation into a dissolution of marriage. This gives you more flexibility and more time to decide whether you want a more permanent solution.

Separation While Living Together

Spouses do not always need to live in different homes to be considered separated. Courts recognize that a couple can stop functioning as husband and wife while still under one roof. This usually means no longer acting like a married couple. For example, you might sleep in separate bedrooms and divide your finances. Judges may consider testimony, financial records, and household arrangements when deciding whether a couple is truly separated.

What Does No-Fault Divorce Mean in Illinois?

Illinois follows a "no-fault" divorce system. This means that one spouse does not have to prove the other spouse did something wrong, like infidelity or abandonment, in order to file for divorce. Instead, "irreconcilable differences" is the only legal ground required under 750 ILCS 5/401. The term essentially means that the marriage has broken down beyond repair. Courts do not focus on blame but on whether the relationship can realistically continue and improve. If the answer is no, the court may grant the divorce.

How Long Does It Take To Get Divorced in Illinois?

The amount of time it takes to finalize a divorce in Illinois can vary widely. The process begins when one spouse files a petition for dissolution of marriage. The other spouse must be formally served and given time to respond. From there, the timeline depends on whether the case is uncontested or contested. Then, you have to factor in court availability, rounds of negotiation, and the complexity of resolving financial or parenting issues.

Uncontested vs. Contested Divorce in Illinois

An uncontested divorce usually moves faster and costs less. In these cases, both spouses agree on all major issues, including child custody, support, property division, and spousal maintenance. Judges review the settlement to see if it meets legal standards. If it does, the court will approve it. Many uncontested divorces can be finalized in just a few months.

A contested divorce takes much longer. This occurs when spouses disagree on one or more issues, such as child support, allocation of parental responsibilities, or spousal maintenance. Under 750 ILCS 5/503, courts must divide marital property fairly, but what the court deems fair might not necessarily seem fair to the spouses and this can be the source of major disputes. Contested divorces require hearings, discovery, and sometimes a trial. This can extend the process to a year or more, depending on the level of conflict and the court’s schedule.

What Temporary Orders Can You Get Before a Divorce Is Finalized?

Under 750 ILCS 5/501, Illinois courts may issue temporary relief orders while a divorce is pending. These orders provide stability for families and help manage important issues until the case is finalized. Common types of temporary orders include:

• Child support: Ensures that children’s financial needs are met during the divorce

• Spousal maintenance: Provides short-term financial help to a lower-earning spouse

• Parenting time schedules: Determine where the children will live and when each parent will see them

• Parental decision-making authority: Determines how schooling, medical care, and other important issues will be handled

• Possession of the family home: Decides which spouse will remain in the residence while the divorce is pending

• Payment of household expenses and debts: Assigns responsibility for mortgages, utilities, and other bills

• Protection orders: Restrict harassment, threats, or domestic violence when safety is a concern

How Do Kids and Custody Affect the Divorce Timeline?

For couples with children, disputes over custody and support can slow down the divorce process. When determining the allocation of parental responsibilities, including legal custody and visitation, courts make decisions based on the best interests of the child. They are guided by factors listed in 750 ILCS 5/602.5, such as each parent’s ability to provide a stable home and the child’s adjustment to school and community.

Contact a DuPage County, IL Divorce Attorney Today

At The Stogsdill Law Firm, P.C., we have been providing trusted family law counsel and representation for over 40 years across Northern Illinois. Together, our attorneys bring more than 110 years of combined legal experience to every case we handle. As one of the largest family law firms in DuPage County, we are still committed to offering the personal attention of a boutique practice.

Call 630-462-9500 today to contact our Wheaton, IL divorce lawyers for a private consultation. Our team is available to clients 24/7, and we pride ourselves on keeping close communication throughout the process.