Illinois requires that a party live in Illinois for a minimum of 90-days in order for the parties to file for divorce.
Illinois, like all other states, requires that before filing for divorce (your Petition for Dissolution of Marriage), you must meet minimum residency requirements for Illinois courts to have jurisdiction over the parties and the case.
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Many times, people believe that the time frame is either very long (such as a year plus) or very short (21-days). In reality, for Illinois courts to have jurisdiction over your case, you must meet the requirements laid out in 750 ILCS 5/401:
The court shall enter a judgment of dissolution of marriage if 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.
Illinois requires that a party live in Illinois for a minimum of 90-days in order for the parties to file for divorce. Because this is usually only an issue for people who have recently moved to Illinois, it commonly is not an issue. However, many times, parties may have already left their spouse and/or children in another state and moved to Illinois. In this instance, and many others like it, it is necessary to sit down with an attorney and go through the steps that apply to your particular case.
The Law Office of Nicholas Baker handles all types of family law matters and divorces in the Chicagoland area. Don’t wait any longer, fill out the form on this page or just give us a call—we’re happy to answer any questions you may have or get started on filing your divorce action so that you can move on with your life.
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