Do You Have To Live Separately Before Divorce in Illinois?
You do not have to live in separate homes before getting divorced in Illinois. Many people are relieved to learn that you can file for divorce even if you and your spouse still live in the same house. Illinois law focuses on whether the marriage has broken down due to irreconcilable differences. If you are considering divorce in 2026, our Plainfield, IL divorce lawyers can help you understand your rights and what to expect.
Do You Have To Live Separately To File for Divorce in Illinois?
Illinois law does not require spouses to live in different homes before filing for divorce. Under 750 ILCS 5/401(a), the only legal ground for divorce is irreconcilable differences. This means the marriage has broken down beyond repair.
The court does not require proof that one spouse moved out. Instead, the court looks at whether the relationship has ended emotionally and practically. This means you can begin the divorce process while still living in the same residence.
What Does "Separate and Apart" Mean in Illinois Divorce Law?
Illinois law refers to spouses living "separate and apart," but this does not always mean living in different homes. Under 750 ILCS 5/401(a-5), spouses can be considered separated even if they live in the same house.
The key issue is whether you are still functioning as a married couple. For example, separation may be demonstrated even for spouses living in the same house if they:
- Sleep in separate bedrooms
- Stop sharing finances or expenses
- Stop presenting themselves publicly as a couple
- Live independent daily lives
These factors help show that the marriage has ended, even if both people remain in the same home.
Is There a Waiting Period Before Divorce in Illinois?
Illinois law includes a six-month separation requirement. However, this requirement is often easier to meet than people expect.
The law creates a legal presumption that irreconcilable differences exist if the spouses have lived separately and apart for six months.
In many cases, spouses can agree to waive this waiting period. This allows the divorce to move forward sooner if both parties agree that the marriage is over.
Can Living Together During Divorce Affect Property, Custody, or Court Decisions?
Continuing to live together during divorce can affect important legal issues like property division, parenting arrangements, and financial responsibilities. Courts in Will County and throughout Illinois look at how spouses handled finances and family roles during this time.
For example, if you continue sharing bank accounts or paying joint bills, it could affect how property and debts are divided. Living together may also affect parenting schedules, especially if both parents are involved in daily care.
Living together does not stop the divorce, but your actions during this time can influence the outcome. Keeping clear financial records and maintaining separate routines can help avoid problems later.
What Should You Do Before Filing for Divorce in Illinois?
Taking the right steps before filing can make the divorce process smoother and help protect your interests. Even if you are still living in the same home, preparing early can reduce stress and delays.
Important steps to consider include:
- Gathering financial records, such as bank statements and tax returns
- Making copies of important legal and financial documents
- Avoiding large purchases or financial changes without legal advice
- Thinking about your future housing and financial plans
- Speaking with a lawyer to understand your legal rights
Preparing ahead of time helps you stay organized and protects your financial future.
Schedule a Free Consultation With Our Joliet, IL Divorce Attorneys
At Reeder & Brown, P.C., we help clients understand Illinois divorce law and take steps to protect their future.
We are focused on honesty, integrity, and great customer service, and we have handled thousands of criminal cases as prosecutors and defense attorneys. This experience allows us to guide clients through the divorce process with skill and care. Contact our Plainfield, IL divorce lawyers today. Call 815-885-5980 to schedule a free consultation.
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