If you are preparing to undergo the divorce process, before anything else, you must ensure that you and/or your spouse meet the residency requirement established in the state of Illinois. This is necessary for the court to establish jurisdiction. Follow along to learn the details of these requirements and how a proficient Peoria divorce lawyer at Butler, Giraudo & Meister, P.C., can help you best prepare for your initial filing.
Do my spouse and I meet the residency requirement for divorce according to the state of Illinois?
Put simply, by Illinois law, you and/or your spouse are required to be a resident of the state for the court to issue a divorce decree.
More specifically, the law requires that you fulfill any of the following:
- You and/or your spouse must have maintained residency in the state of Illinois at the time the divorce action was commenced.
- You and/or your spouse must have maintained residency for at least 90 days preceding the filing of the divorce case.
- You and/or your spouse must have maintained residency for at least 90 days preceding the fining of residency, which usually happens when the court enters judgment.
In addition to the above requirements, you must file your petition for divorce in the county in which you live or in which your spouse lives. With this, you must pay the filing fee for that county, which may vary greatly. If you cannot afford the fee, you can file for a waiver with the Illinois court.
Do I need to remain in the same home to meet the residency requirement in the state of Illinois?
During this emotional time, it is understandable that you would feel more relaxed staying in a different residence than your spouse throughout your divorce proceedings. That is why you may find comfort in knowing that Illinois law does not require you to remain in your same residence to satisfy the residency requirement.
If your spouse moves out of the state, you can still establish jurisdiction in Illinois, so long as you file for divorce first. On the other hand, if your spouse achieves their residency requirement in their new state and beats you to filing, you must ultimately abide by the divorce laws of that state.
If you require further clarifications on these requirements, do not hesitate in reaching out to a talented Peoria County family law attorney as soon as you can.
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Contact Butler, Giraudo & Meister, P.C., today for effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support.
