Living in different states can make a divorce more complicated before the case even begins. You may wonder where to file or whether your spouse must return to Illinois for the divorce to move forward.
You can get divorced in Illinois even if your spouse lives in another state, as long as Illinois has the legal authority to handle the case. If you are preparing for a divorce in 2026, a DuPage County, IL divorce attorney can help you determine where to file and how your spouse’s move may affect the process.
How Long Do You Have to Live in Illinois Before Filing for Divorce?
According to 750 ILCS 5/401, either spouse must have been a resident of Illinois for at least 90 days before the court enters the divorce judgment. A member of the armed services who has been stationed in Illinois for 90 days also meets this rule. This means your spouse does not have to live in Illinois for you to get divorced in the state.