What is the residency requirement to file for divorce in Illinois?
Full Question:
My husband and I moved to Chicago from San Francisco about two weeks back. We were at an all-time low in our marriage as I realized he was unfaithful to me. The move to Chicago was to forget the past and to work on our relationship. But things aren’t going as we planned. He is still in touch with the woman who caused the problems in our marriage. Staying in the relationship is taking a toll on me emotionally. What is requirement to file for divorce in Illinois?
11/23/2016 |
Category: Divorce |
State: Illinois |
#27068
Answer:
750 ILCS 5/104 reads:
“The proceedings shall be had in the county where the plaintiff or defendant resides, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made within such time as the defendant's response is due. In no event shall venue be deemed jurisdictional.
In any case brought pursuant to this Act where neither the petitioner nor respondent resides in the county in which the initial pleading is filed, the petitioner shall file with the initial pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of this Section.”
750 ILCS 5/401 reads:
“(a) The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding:
Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
***”
Therefore, in Illinois, the court may grant a judgment of dissolution of marriage only if either of the spouses were residing within state for a period not less than 90 days preceding the date on which the petition is filed. In the situation at hand, the spouse cannot file for divorce as she has only been residing in Chicago for a period of two weeks and does not fulfill the residency requirement under 750 ILCS 5/401.