All Laws Decoded

Legal Separation and Annulment in Illinois

Whether Illinois offers legal separation, how it differs from divorce, and the grounds for an annulment.

Short answer: Yes. A spouse living separate and apart may file for legal separation to get reasonable support and maintenance. 750 ILCS 5/402

Legal separationYes. A spouse living separate and apart may file for legal separation to get reasonable support and maintenance. The court cannot divide property in a legal separation unless the spouses submit a property settlement agreement, which becomes final and cannot be modified. A legal separation does not prevent either spouse from later filing for divorce.
AnnulmentIllinois calls annulment a 'declaration of invalidity of marriage.' Grounds are: a party lacked capacity to consent (mental incapacity or the influence of alcohol or drugs) or was induced by force, duress, or fraud involving the essentials of marriage; a party cannot consummate the marriage and the other did not know; a party was 16 or 17 without parental or judicial consent; or the marriage is prohibited by law.

Where to get help in Illinois

More Illinois divorce & family law

FAQ

Can you get a legal separation in Illinois?
Yes. A spouse living separate and apart may file for legal separation to get reasonable support and maintenance. The court cannot divide property in a legal separation unless the spouses submit a property settlement agreement, which becomes final and cannot be modified. A legal separation does not prevent either spouse from later filing for divorce.
What are the grounds for annulment in Illinois?
Illinois calls annulment a 'declaration of invalidity of marriage.' Grounds are: a party lacked capacity to consent (mental incapacity or the influence of alcohol or drugs) or was induced by force, duress, or fraud involving the essentials of marriage; a party cannot consummate the marriage and the other did not know; a party was 16 or 17 without parental or judicial consent; or the marriage is prohibited by law.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.