Even if a married couple agrees that a divorce is the right decision for their family, it may not be financially feasible for one party to move out of the marital home just yet. Many wonder if living separate and apart under the same roof constitutes a legal separation in Illinois.
According to the Illinois Marriage and Dissolution of Marriage Act, before a divorce can be entered by the court, a couple must live separate and apart for a minimum of six months immediately preceding the entry of judgment dissolving the divorce – AND – living separate and apart in the same household during the separation period is permitted under the law.
It may be an arrangement where one party takes the upstairs while he other inhabits the downstairs, or just occupying separate rooms, the law does not require a separate address to grant a divorce. Where to draw the line between married and separate really boils down to couples agreeing that the beginning of their separation was at least 6 month prior to entering the divorce even if they remain at the same residence for financial or other reasons.
With a recession gripping the nation following nearly a year of pandemic restrictions impacting both work and school, many may be ready to divorce but not ready to purchase or rent a separate residence before finalizing a divorce. In situations where the decision to divorce is mutual, living together during the required separation period may provide needed time to make a smooth transition. If you have questions regarding Illinois divorce, contact the Libertyville Family Law Offices of Ronald L Bell & Associates PC for immediate assistance today at 847-495-6000.