Waiting Period to File for Divorce in Illinois

To petition for a divorce, one spouse must reside in Illinois for 90 days before the judgment will be signed by the court. Unlike other states, Illinois has no jurisdictional rights for counties to oversee a divorce, which means a divorce should be filed at the county courthouse where the petitioner resides at the time of filing.

To obtain a divorce in Illinois specific residency requirements must be met. Specifically, to petition for a divorce one spouse must reside in Illinois for 90 days before the judgment will be signed by the court. This means a divorce may be filed prior to the 90 day period, but a final judgment will not be given until the 90 requirement is met. Unlike other states, Illinois has no jurisdictional rights for counties to oversee a divorce, which means a divorce should be filed at the county courthouse where the petitioner resides at the time of filing.

So What Counts?

If you've lived in Illinois for longer than 90 days you meet the residency requirements. Residency can be proved in numerous ways: driver's licenses, bank accounts, bills, etc. For a more definitive list of what might constitute as proof of residency have a look at the bottom of the Illinois Student Assistance Commission's page on the subject.

Fail to Meet Residency Requirements?

If residency requirements are not met you may still petition the county in which you reside, but a final judgment will not be granted until the 90-day threshold is met. This allows you the convenience of filing right away, which will speed up the process.


References: Illinois Residency Requirements, Proof of Residency

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