Yes, at least one spouse must have lived in Illinois for a minimum of 90 days before filing for divorce in the state.
Illinois law has specific residency requirements to ensure that the state has jurisdiction over your divorce case. Whether you’ve recently moved or your spouse lives elsewhere, understanding these requirements is essential before filing for divorce.
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Residency Requirements for Divorce in Illinois
To file for divorce in Illinois, the following conditions must be met:
- Residency Period
- At least one spouse must have lived in Illinois for at least 90 days immediately before filing for divorce.
- Filing Location
- The divorce petition must be filed in the circuit court of the county where either spouse resides.
- Jurisdiction Over Children (if applicable)
- If the case involves child custody, Illinois courts require that the children have lived in Illinois for at least six months for the court to have jurisdiction over custody decisions.
Filing When One Spouse Lives Out of State
If one spouse resides outside of Illinois, you can still file for divorce in Illinois if the residency requirements are met. However:
- The court may face limitations in enforcing orders related to property located out of state or in asserting jurisdiction over an out-of-state spouse.
- An attorney can help ensure proper jurisdiction and compliance with legal procedures.
Steps to Establish Residency
If you’ve recently moved to Illinois and wish to file for divorce:
- Document Your Residency
- Keep records such as lease agreements, utility bills, or driver’s license updates to prove your residence.
- Wait for the Residency Period to Pass
- Once you’ve lived in Illinois for 90 days, you can file your divorce petition.
How Attorneys Can Help
An experienced family law attorney can assist with:
- Determining Eligibility: Ensuring you meet Illinois residency requirements before filing.
- Handling Multi-State Cases: Navigating jurisdictional issues if your spouse lives out of state or owns property in another state.
- Filing Correctly: Guiding you through the filing process to avoid delays or complications.
Frequently Asked Questions
1. Can I file for divorce in Illinois if my spouse doesn’t live here?
Yes, as long as you meet Illinois residency requirements, you can file for divorce. The court may address issues like property division and custody based on its jurisdiction.
2. What if I recently moved to Illinois?
You must wait until you’ve lived in Illinois for at least 90 days before filing for divorce.
3. Can I file for divorce in Illinois if I’m in the military?
Yes, military members stationed in Illinois are considered residents for divorce purposes if they’ve been stationed here for at least 90 days.
What’s Next?
Not sure if you meet Illinois residency requirements for divorce? Call (630) 366-1760 today to connect with an experienced family law attorney in Naperville or DuPage County. Get the guidance you need to file confidently.
Important Disclaimer
Naperville Family Law is not a law firm and does not offer legal advice. All information provided on this website is for general informational purposes only and should not be construed as legal counsel. When you call, you will be transferred to speak with an experienced family law attorney in DuPage County.
