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.
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Frequently Asked Questions
How long do you have to live in Illinois to file for divorce?
The residency requirements in Illinois say that you need to live in the state for at least 90 days before you can file for divorce. You can file it even if the other party doesn’t live in Illinois.
Do you have to live separately to get a divorce in Illinois?
There is a requirement in the law that says you must live separately for six months before you can get a divorce in Illinois. However, if both parties are willing to waive that need, the courts will not require it.
How long do you have to be separated in Illinois to get a divorce?
You have to be separated for six months to get a divorce. But if both parties want the divorce, then you can waive the need for a separation period. Also, the separation does not have to be different houses, it could also be sleeping in separate rooms.
What state has the shortest residency requirements for divorce?
Alaska, South Dakota, and Washington have no minimum residency requirements. You can file for divorce in those states immediately upon moving there. And in Idaho and Nevada, the spouse seeking the divorce only needs to live there for six weeks before filing.