No, you must file for divorce to remarry. Legal separation does not end the marriage, so both parties remain legally bound and cannot marry someone else.
>>> Looking for an Legal Separation Attorney in Naperville, IL? Check out this page <<<
In-Depth Explanation
In Illinois, a legal separation allows spouses to live apart and establish agreements regarding child custody, support, and property division, but it does not dissolve the marriage. Since the marital bond remains intact, neither party is free to remarry unless they file for and obtain a divorce.
Legal separation is often chosen for reasons such as religious beliefs, financial benefits (e.g., shared health insurance), or a desire to live apart without permanently ending the marriage. However, if either spouse decides to remarry, they must first pursue a formal divorce to legally dissolve the marriage.
Example: A couple separates legally to maintain shared health insurance benefits. Years later, one spouse wishes to remarry and must first file for divorce to do so.
Steps or Processes
- Legal Separation:
- File a petition for legal separation in court.
- Resolve issues like custody, support, and property division.
- Filing for Divorce:
- Submit a petition for dissolution of marriage.
- Finalize agreements or court decisions regarding marital issues.
- Remarriage:
- Once the divorce is finalized, both parties are free to remarry.
How Attorneys Can Help
Attorneys can assist by:
- Clarifying the differences between legal separation and divorce.
- Drafting agreements for separation or filing for divorce if remarriage is desired.
- Representing clients through the divorce process to ensure compliance with Illinois laws.
What’s Next?
If you’re considering legal separation or divorce and want to understand your rights, call (630) 366-1760 to consult with an experienced attorney today.
Important Disclaimer
This website is not a law firm and provides general informational content. For personalized legal advice, consult with a qualified attorney.
