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Illinois Separation Agreement

An Illinois separation agreement is a legal document used by married couples who no longer wish to live together but do not wish to get divorced. Like divorce decrees, couples can use separation agreements to set enforceable terms, including for child support and the division of marital property, without permanently ending their marriage.
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Updated June 05, 2024

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Is a Separation Agreement Legal in Illinois?

Yes, any couple living separate and apart may petition a court to settle property division and support through legal separation.[1]

Legal Separation Requirements

  • Filing Fee: Varies by county; Cook County is $388
  • Residency: At least one spouse must have been a resident in the state for at least 90 days prior to filing.[2]
  • Where to File: In the Circuit Court with jurisdiction over the residence of one of the spouses.

Court Forms

Sample

Sources

  1. 750 Ill. Comp. Stat. Ann. 5/402
  2. 750 Ill. Comp. Stat. Ann. 5/401