Can I Get a Divorce if We Still Live Together?

 Posted on September 06, 2026 in Family Law

Married couples often combine their lives financially and legally. Ending a marriage is not as simple as deciding you no longer want to be married. For many people, one of the greatest barriers to separating is their living situation, especially if they cannot afford to pay for a second home while a divorce is underway.

Fortunately, spouses are not required to live in separate homes before they can get divorced in Illinois. If you want a divorce but you and your spouse are still living together in 2026, a Kane County, IL divorce attorney can explain how your living situation may affect the process.

Do I Have to Move Out Before Filing for Divorce in Illinois?

Illinois does not require one spouse to move out of the marital home before a divorce can be filed. Spouses may begin the divorce process while they continue living at the same address.

Under 750 ILCS 5/401, Illinois recognizes irreconcilable differences as the main basis for divorce. This means the marriage has broken down and attempts to repair it have failed or would not be practical for the family. Continuing to share a home does not prevent spouses from showing that their marriage has broken down.

What Does the Six-Month Separation Rule Mean in Illinois?

According to Illinois law, spouses who have lived separate and apart for at least six continuous months immediately before the divorce judgment are presumed to have met the irreconcilable differences requirement. This can be important if one spouse does not agree that the marriage should end.

However, the six-month separation rule does not mean every Illinois couple must live apart for six months before getting divorced. It just helps establish that irreconcilable differences have caused the marriage to break down, but it’s not a waiting period that applies to every divorce. Spouses may be able to divorce without waiting six months.

Can We Be Separated While Living in the Same House in Illinois?

Spouses can live separate lives while remaining under the same roof. Illinois courts have recognized that living "separate and apart" does not require spouses to maintain different addresses.

The court will consider that a couple may no longer be behaving as spouses even while living in the same home. Signs that a marital relationship has ended may include:

• Keeping separate bedrooms
• No longer sharing meals or social activities as a couple
• Separating some day-to-day household routines
• Telling family or friends that the relationship has ended

There is no single household arrangement that every separated couple must follow. How the spouses actually live and interact can help demonstrate whether they are living separate lives despite sharing an address.

How Do We Handle the Marital Home While Our Illinois Divorce Is Pending?

Living together during a divorce does not mean you have to wait until the case is over to address problems in the home. If you and your spouse disagree about finances or other household matters, you may be able to ask the court for temporary orders.

A temporary order can address certain issues while the divorce is pending. For example, the court may enter temporary orders involving financial support or parental responsibilities. These orders can provide some structure until you reach a final agreement or the court enters a final judgment.

Should I Move Out of the Marital Home During an Illinois Divorce?

Moving out is a personal decision, but it can also affect practical issues during a divorce. Leaving the home does not mean giving up your ownership rights. At the same time, moving can affect your finances and your family's daily routine.

If remaining together is unsafe, the situation may require a different approach. Your immediate safety should take priority over concerns about continuing to share the marital home.

Before making a major change, consider speaking with an attorney about how a move could affect your situation. This can be especially important when children are involved or when both spouses have an interest in keeping the home.

Contact a Kane County, IL Divorce Attorney Today

Living in the same home as your spouse does not prevent you from moving forward with an Illinois divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can review your living situation and explain what steps you can take while your divorce is pending.

MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties. Contact a St. Charles, IL divorce lawyer or call 630-665-7300 to schedule an initial attorney meeting today.