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 separation | 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. Source: 750 ILCS 5/402 |
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| Annulment | 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. Source: 750 ILCS 5/301 |
Where to get help in Illinois
More Illinois divorce & family law
- Getting a Marriage License in Illinois
- Adopting a Child in Illinois
- Guardianship of a Child or Adult in Illinois
- Establishing Paternity in Illinois
- Changing Your Name in Illinois
- Child Custody Laws in Illinois
- How Child Support Is Calculated in Illinois
- Divorce Records in Illinois
- Alimony and Spousal Support in Illinois
- How to File for Divorce in Illinois
- All Illinois divorce & family law rules
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.