In the state of Illinois, do spouses need to be living at two different addresses in order to file for legal separation?
If so, can the spouse filing for separation send her forms in the mail from another state?
Answer
The spouse who files will have to appear in court. If he or she lives out of state, that may become difficult. While under the dissolution provisions, the parties can be living in the same house but living separate and apart to meet the irreconcilable differences grounds, it is not appropriate for them to live in the same house for a legal separation. It raises too many issues and subjects the decree to attack.
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