What You Need to Know About Illinois Divorce Residency Requirements
Spouses seeking divorce must follow their state’s residency requirements. Here’s everything you need to know about divorce residency requirements in Illinois.
Illinois requires a spouse seeking divorce to reside in Illinois for at least 90 days at the time of filing the divorce petition. Spouses who don’t meet Illinois’ residency requirement may wait to become residents or file in another state.
What are residency requirements?
Each state has different residency requirements for divorce. Residency refers to the length of time a spouse lives in a state. Residency requirements determine if a couple can file for divorce in a certain state.
Divorce Residency Requirements in Illinois
One spouse must be a resident of Illinois for at least three months before filing a divorce petition. Illinois law recognizes spouses serving in the military as a resident if the spouse has been stationed in the state for at least three months. An Illinois driver’s license, tax paperwork, lease agreements, or utility bills are acceptable forms of proof of a spouse’s residency.
Couples who don’t meet the divorce residency requirement in Illinois may prepare necessary documents for the divorce proceeding while waiting for the 3-month requirement to pass. Ineligible couples may also consider filing in another state, such as the state they got married in.
Filing for Divorce in Illinois
Couples interested in filing for divorce in Illinois should follow the following steps:
- Find the nearest Illinois court
- Fill out a Petition for Dissolution of Marriage/Civil Union (there is an alternative form if the couple has children)
- Fill out a Judgment of Dissolution of Marriage/Civil Union
- Wait for the court to process and approve the petition
FAQs About Illinois Divorce Residency Requirements
How much does it cost to file a divorce in Illinois?
An individual can expect to pay up to $289 to file for a divorce.
How much are divorce attorney fees in Illinois?
The average divorce attorney fee in Illinois is over $10,000.
Do both spouses have to be residents?
Only one spouse must be an Illinois resident.
Can an individual who is not a resident file for divorce if their spouse is a resident?
The spouse who is an Illinois resident must be the one to file the divorce petition.