Do We Have to Live Separately Before Filing for Divorce?

 Posted on August 25, 2026 in Divorce

Many states require some period of separation before they can file for divorce. In Illinois, there is no required period of living separately. Living apart for some time can be used as evidence that the marriage has broken down, though.

A Geneva, IL divorce lawyer can explain what you need to begin the divorce process in 2026.

What Do You Have to Prove to Get Divorced in Illinois?

You can file for divorce in Illinois while you’re still living in the same home as your spouse. Many couples file while they’re still working out the practical details of who will live where.

Illinois divorce law only requires one ground for divorce. All you must prove is that you have "irreconcilable differences" in your marriage. This means the marriage has broken down and attempts to fix it have failed or would not be practical or in the family’s best interests.

Irreconcilable differences means you do not have to prove that either spouse was at fault for the divorce. The court will not require you to show signs of infidelity, financial dishonesty, or any other specific problem that caused the marriage to end.

Separation is not required. But if spouses have lived "separate and apart" for at least 6 months, the court will accept that the marriage has broken down because of irreconcilable differences. Illinois also has a residency requirement. At least one spouse must have lived in Illinois for 90 days before the court can grant the divorce.

What Counts as "Living Separate and Apart" in Illinois?

Living separate and apart doesn’t necessarily mean living in two separate places. Courts have found that spouses can be considered separated even while sharing a home, as long as they’re truly living separate lives.

When judging if a couple has been living separately, judges may look at factors such as:

• Sleeping in separate bedrooms

• No longer sharing household finances

• Not presenting themselves as a married couple to family or friends

• No longer functioning as a household in day-to-day life

This can mean that the spouses no longer make plans together or handle everyday tasks as a couple. For example, they may shop, cook, or take care of household chores separately.

What Is the Difference Between a Legal Separation and Living Apart in Illinois?

Couples have the option to live separately, but Illinois also allows couples to file for a formal legal separation without ending the marriage (750 ILCS 5/402). One benefit of a legal separation is that the court can order child support or spousal maintenance while the couple lives apart.

A legal separation doesn’t end a marriage, so neither spouse can remarry during it. Some couples use it as an intermediate step before deciding whether to move forward with a full divorce.

How Do You Start the Divorce Process If You Haven’t Been Separated for Six Months in Illinois?

You do not have to wait six months to file for divorce in Illinois. The six-month period only makes it easier to prove that irreconcilable differences exist.

If you have been living separate and apart for less than six months, you can still get divorced. You will need to show the court that the marriage has broken down and that attempts to fix it have failed or would not be practical.

To begin the divorce process, you must file a Petition for Dissolution of Marriage with the circuit court. There is usually a filing fee. The other spouse must also receive legal notice of the case, which is often done through a sheriff or process server.

Call a Kane County, IL Divorce Lawyer Today

If you have any questions about the requirements for an Illinois divorce or how to fill out the paperwork, contact our Geneva, IL family law attorneys. We can also answer questions about formal separations if you need child support or alimony while deciding on divorce.

We handle divorce cases in both English and Spanish. We offer free consultations so you can talk through your options.

Call Serrano Hanson & Hurtado, LLC at 630-844-8781 to get started.