Divorce can be complicated, especially when spouses live in different states. If you live in Illinois and your spouse lives in another state, you can still file for divorce locally, but the divorce process can be significantly more complex. Understanding jurisdiction and notice requirements is part of moving forward with divorce confidently, and an experienced Wheaton divorce attorney can help.
Residency Requirements for Filing for Divorce in Illinois
The first step in filing for divorce in Illinois is determining whether the state has jurisdiction over your divorce. Under 750 ILCS 5/401, you must have an established residence in Illinois for at least 90 days before filing. It does not matter where your spouse lives. Your residency alone is enough to initiate proceedings in the state. As long as you meet this residency requirement, the court has the authority to grant you a divorce.