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Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 402Legal Research Home > Illinois Lawyer > Illinois Marriage and Dissolution of Marriage Act > Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5, Section 402 Sponsored LinksLegal Separation. (a) Any person living separate and apart from his or her spouse without fault may have a remedy for reasonable support and maintenance while they so live apart. (b) Such action shall be brought in the circuit court of the county in which the respondent resides or in which the parties last resided together as husband and wife. In the event the respondent cannot be found within the State, the action may be brought in the circuit court of the county in which the petitioner resides. Commencement of the action, temporary relief and trials shall be the same as in actions for dissolution of marriage. (c) A proceeding or judgment for legal separation shall not bar either party from instituting an action for dissolution of marriage, and if the party so moving has met the requirements of Section 401, a judgment for dissolution shall be granted. (Source: P.A. 82-716.) Last modified: April 7, 2006 |