What are the Residency Requirements for Divorce in Illinois?

Divorce can be a complex process, often compounded by legal requirements that vary from state to state. In Illinois, residency requirements dictate whether and where a married person can file for divorce.

General Residency Requirement for Divorce in Illinois

In Illinois, the residency requirement for filing for divorce is outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). According to 750 ILCS 5/401(a), at least one spouse must be a resident of Illinois for at least 90 days immediately preceding the filing of the divorce petition.

The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding

Why Have a Residency Requirement for Divorce in Illinois?

The residency requirement outlined in the IMDMA is important because it ensures that the state courts have sufficient jurisdiction to handle the case. The court needs to establish that it has jurisdiction not only over the type of case you are bringing (in this case, divorce), but also over the people involved in the case. Illinois courts have jurisdiction over people who are residents of Illinois.

Legal Definition of Residency

In legal terms, residency is defined as having a permanent home in a place and intending to return to that place whenever one is absent. It implies both physical presence and the intent to remain in a place. So, for example, if you have a home in Illinois where you live and work most of the time, but you have a vacation house in Michigan where you spend your summers, you are an Illinois resident, and you should file for divorce in Illinois.

How to Prove Illinois Residency

The court will accept a signed writing as verification of Illinois residency. In divorce matters, this writing is typically the Petition for Dissolution itself. Your petition will state that you are a resident of Illinois, and that statement will be verified by your signature. Typically, no proof beyond that is required by the court.

Proper Venue for Divorce in Illinois

An Illinois resident should file for divorce in Illinois, true – but where in Illinois, specifically? 750 ILCS 5/104 provides the answer: “The proceedings shall be had in the county where the plaintiff or defendant resides…” In other words, as long as one party resides in that county, you can file for divorce there.

If you are a resident of Cook County, you have to drill down even further. Here, divorce petitions can be filed at one of six district courthouses, depending on the residential addresses of the parties involved. The county is divided into multiple districts, each serving different areas. For example, if you live in Evanston, you may file for divorce in the Second Municipal District – Skokie, though you may also file in the First Municipal District – Chicago.

It is essential to file in the correct district courthouse to ensure proper handling of the case. Your Chicago divorce lawyer will know where to properly file your case based on your residential address.

Implications of Not Meeting Residency Requirements in an Illinois Divorce

If the residency requirements are not met, the court may dismiss the case or delay proceedings until the requirements are fulfilled. This can result in additional time and expense for the parties involved.

If you do not yet meet the residency requirements, but would like to file for divorce in Illinois, there are steps you can take now to establish residency in the state. Consult with a family law attorney about how best to move your case forward.

Reach Out to Experienced Family Law Attorneys in Evanston

Understanding residency requirements is a fundamental step in the divorce process. If you have questions about the 90-day residency requirement for getting divorced in Illinois, reach out to a professional for help. For those in Cook County, being aware of local filing procedures and requirements can further streamline the process. The team of experienced family law attorneys at O. Long Law, LLC, serves clients across the many districts of Cook County, as well as in Lake, Will, and DuPage Counties. Reach out today to schedule your consultation and get started on the next chapter of your life.