Divorce, Dissolution, and Legal Separation – What’s the Difference in Chicago, IL?
Ending a marriage can be one of the most difficult decisions a couple makes. In Illinois, there are different legal options available depending on your circumstances and long-term goals. Some people choose divorce, while others may pursue legal separation or a process referred to as dissolution of marriage.
Although these terms are sometimes used interchangeably, they each can mean something specific under Illinois law. If you’re unsure which option fits your situation, learning about the key differences is an important first step.
What Is Divorce in Illinois?
A divorce, called “dissolution of marriage” in Illinois law, is the legal process of ending a marriage. When a divorce is finalized, both spouses are legally single and free to remarry. The court will also issue orders for things like property division, spousal support, and (if applicable) child custody and support.
Illinois is a no-fault divorce state. This means that neither spouse needs to prove wrongdoing, such as adultery or cruelty, to get a divorce. Instead, one party simply needs to state that the marriage has irretrievably broken down due to irreconcilable differences. In most cases, couples must live apart for at least six months before the court will grant the divorce, though that separation can happen under the same roof.
Divorce in Illinois can be contested or uncontested. If both parties agree on the key issues, the process is usually quicker and less expensive. However, if there are disputes over assets, children, or other matters, a judge may need to resolve those disputes in court.
What Is Legal Separation?
Legal separation is another option under Illinois law. It allows spouses to live apart and have certain legal protections in place, without officially ending the marriage. This might appeal to couples who want to stay married for religious reasons, health insurance coverage, or the hope of reconciliation.
To obtain a legal separation, one spouse must file a petition with the court and establish that the couple is living apart. The court can then decide issues such as spousal support and child custody, just like it would in a divorce. However, the couple remains legally married.
It’s important to note that property division is not automatic in a legal separation. If you want the court to divide marital assets and debts, you must specifically request it. If not, those issues will remain unresolved unless the couple later decides to divorce.
What Does “Dissolution” Mean in Practice?
In Illinois, “dissolution of marriage” is simply the formal term for divorce. However, some people use the word “dissolution” informally to refer to an uncontested or simplified divorce.
Illinois offers a special, simplified dissolution process for qualifying couples. To use it, you must meet strict requirements. For example, both parties must agree to the divorce, have no children together, have been married for less than eight years, and have limited assets and debts.
This type of simplified dissolution is not available to most couples, but it can be helpful in cases where both spouses agree on everything and the marriage was relatively short.
Contact the Chicago Divorce Lawyers at KHK Family Law & Divorce Attorneys for Help Today
If you’re considering ending or changing your marital relationship in Chicago, Illinois, it’s important to understand the legal differences between divorce, legal separation, and dissolution. Each process has its own rules, timelines, and effects on your future.
To learn more and get the help you deserve, call our [PRACTICE AREA] lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068