Some couples who are considering divorce choose separation as an alternative. A legal separation involves many of the same financial and parenting provisions of divorce without dissolving a marriage. During the separation, spouses have time to consider whether they want to go through with a divorce. A full separation is still a legal process that involves creating a formal agreement that a court must approve. Instead, couples may try an in-house separation, which some call semi-separating. Spouses who semi-separate can behave as if they have separated without the obligations of a legal separation.

Forms of Semi-Separation

Spouses have several ways that they can live separately within the same residence. A court may recognize a couple as being legally separated while living together, as long as they make an effort to divide their finances and responsibilities. Semi-separating eases a couple into a more complete separation by starting with their social interaction. Semi-separation may occur in phases, such as:

For many Illinois couples, a legal separation is the first step toward a divorce. It is a way to legally designate the end of a couple's relationship so any property acquired between that point and the couple's divorce is not considered to be marital property.

For other couples, a legal separation is a step to take to decide if divorce is right for them – a couple might know that their relationship is not healthy, but not know whether ending their marriage is the right step to take.

For others yet, legal separation is an attractive alternative to divorcing because although it severs the couple's relationship with each other, it does not sever their marriage and the benefits that accompany it.

Before divorcing, many couples who choose to end their marriages legally separate. There is a variety of reasons why a couple would opt to legally separate rather than going straight for a divorce.

For some couples, the separation is somewhat of a trial divorce. If the couple knows their marriage is not working, but is unsure about whether a divorce is the best choice, they might choose to separate and take the time apart to work out their issues, both independently and together. This may include individual or couples therapy sessions, but it is not a requirement. How a couple chooses to interact and whether they choose to resolve their issues after separating is entirely at their discretion.

For other couples, legally separating prior to divorcing is a way to save money. Rather than going through expensive litigation to divide their property and determine their child support, custody, and spousal maintenance agreements, couples take this time to slowly work through agreements for these issues. They might opt to do so through mediation or through a collaborative agreement.

Divorce is a common occurrence in the United States. Most Americans “enjoy” this right and probably take it for granted that an unsuccessful marriage does not have to last forever. In fact the right to divorce exists everywhere in the world – with one exception.

 The Philippines is the only country that does not allow a majority of its citizens to divorce. (The country permits divorce between Muslim couples.) The only recourse for unhappily married couples is church annulment, civil annulment or legal separation. Of course, couples who legally separate are not allowed to remarry, and annulment requires evidence that the marriage was defective (e.g., one of the parties was too young or already married). Note that a marriage cannot be annulled due to irreconcilable differences or infidelity.

If you discover that you can no longer live with your spouse, you might assume that divorce is your only option. That is not the case, however. You could opt for a legal separation.

A legal separation works best for two spouses who live in separate residences, do not want a divorce, but do want a court order setting forth each party’s legal rights and obligations. The order might touch upon child custody and visitation rights, child support obligations, property ownership and maintenance payments. The main (obvious) difference between a legal separation and a divorce is that the couple remains married unless either institutes an action for dissolution of marriage.

Illinois law provides a remedy for “reasonable support and maintenance” for any person living separate and apart from a spouse without fault. Generally, the action must be brought in the circuit court of the county in which the respondent resides or in which the parties last resided together as a married couple. (If the respondent cannot be found in Illinois, then the action may be brought in the circuit court of the county in which the petitioner resides.)