Where You Live Matters – When It Comes to Your Divorce

The idea that you must get divorced in the same location you got married is a common misconception. Many couples choose destination weddings in exotic locales but have no other ties to that place. Its where you live that matters when you get divorce.

So, what does it take to get divorced in Illinois? Let’s break down the residency requirements and discuss why filing in the right court matters.

The 90-Day Rule: Your Gateway to Divorce in Illinois

Contrary to popular belief, you don’t need to have deep roots in Illinois to file for divorce. The state’s residency requirement is simple: only one spouse needs to have lived in Illinois for at least 90 days before filing. This applies whether or not you have children. So, if you’ve recently moved to Illinois or your spouse has been an Illinois resident for at least three months, you meet the basic residency requirement to initiate divorce proceedings.

If You have Children, Where You and Your Children  Live Matters Most

While the 90-day residency rule applies universally, there’s an important caveat when children are involved. In most cases, if you have minor children, you must file for divorce in the county where your children have lived for the past six months. This is mandated by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a law designed to protect children’s best interests by ensuring stability and continuity in their living arrangements during and after divorce.

There are a few exceptions to this rule. For example, if your child has recently moved to Illinois or if there are concerns about their safety in their current location, the court may consider alternative filing options. However, in most cases, the child’s primary residence will dictate where the divorce is filed. This ensures that the court with the most familiarity with the child’s circumstances can make informed decisions about their well-being.

Choosing the Right County: A Matter of Jurisdiction

Once you’ve confirmed your residency status, you need to determine the correct county to file your divorce. In Illinois, you can file in either the county where you live or the county where your spouse resides. If you and your spouse live in different counties, you have the flexibility to choose which county is more convenient for you.

The Importance of Filing in the Right Place

Filing in the correct county isn’t just a formality; it has significant legal implications:

• Jurisdiction: The court must have legal authority (jurisdiction) over your case to issue a valid divorce decree. Filing in the wrong county could result in your case being dismissed, leading to delays and additional expenses.

• Applicable Laws: Divorce laws vary from state to state. Filing in Illinois ensures that your divorce is governed by the laws of this state, which have specific provisions for property division, spousal maintenance (alimony), and parenting time allocation.

• Convenience: Filing in the county where you or your children reside makes it more convenient for you to attend court hearings (if necessary), meet with your attorney, and participate in the divorce process.

Navigating the Legal Landscape

While the residency requirements for divorce in Illinois are relatively straightforward, the overall divorce process can be complex. Seeking guidance from an experienced family law attorney is crucial to ensure your rights are protected and that you understand your legal options.

Uncontested Divorce: A Path to Amicable Resolution

If you and your spouse can agree on all aspects of your divorce, including property division and parenting time allocation, you may be able to pursue an uncontested divorce. This streamlined process is typically faster, less expensive, and less emotionally draining than a contested divorce.

How I Can Help

At Flat Fee Divorce Solutions, I focus on helping individuals in Illinois navigate the uncontested divorce process. I offer affordable, flat-fee services and strive to make the process as smooth and stress-free as possible.

If you’re considering divorce in Illinois, don’t hesitate to contact me through my website or call 618-726-2671 for a free consultation. I can help you understand your legal options, navigate the residency requirements, and achieve a positive resolution to your divorce.

Disclaimer: The information contained in this post is general in nature and should not be construed as legal advice. If you need legal advice about your matter, please contact an attorney in your jurisdiction.