My wife lives in Idaho and I live in Illinois, where do I file for divorce?
Full Question:
My wife and I have been married for last 9 years. We stayed together in Illinois until last year, when my wife had to move to Idaho for because of her work. She was offered a higher position in her company and was forced to relocate from Illinois. We have a 3-year-old daughter who currently resides with my wife. The long distance relationship has started taking a toll on our bond and we mutually feel that we need to separate and move on with our lives. Now that she is in Idaho most of the time and I am in Illinois, where do I file the divorce suit?
11/23/2016 |
Category: Divorce |
State: Illinois |
#27066
Answer:
750 Ill. Comp. Stat. Ann. 5/104 provides for the venue where a suit must be filed. It 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.”
The provision for the dissolution of marriage under the Illinois state law 750 Ill. Comp. Stat. Ann. 5/401 is as follows:
“ (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.
(a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
(b) Judgment shall not be entered unless, to the extent it has jurisdiction to do so, the court has considered, approved, reserved or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court shall enter a judgment for dissolution that reserves any of these issues either upon (i) agreement of the parties, or (ii) motion of either party and a finding by the court that appropriate circumstances exist.
The death of a party subsequent to entry of a judgment for dissolution but before judgment on reserved issues shall not abate the proceedings.
If any provision of this Section or its application shall be adjudged unconstitutional or invalid for any reason by any court of competent jurisdiction, that judgment shall not impair, affect or invalidate any other provision or application of this Section, which shall remain in full force and effect.”
Thus, the spouse who resided in Illinois at least 90 days prior to the filing of the suit is eligible to obtain a judgment on the dissolution of marriage from the Illinois Court.
