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?
- Category: Divorce
- Date:
- State: Illinois
Answer:
To file for divorce, you can do so in the state where either spouse resides. In Illinois, the residency requirements must be met according to state law. Under 750 Ill. Comp. Stat. Ann. 5/104, a divorce suit should generally be filed in the county where either the plaintiff or defendant lives. If neither spouse lives in the county where the suit is filed, a motion must be submitted to the court to waive venue requirements.
According to 750 Ill. Comp. Stat. Ann. 5/401, a court can grant a divorce if one spouse has been a resident of Illinois for at least ninety days before filing. The court will consider the reasons for the divorce, including irreconcilable differences, and whether attempts at reconciliation have failed. If you and your wife have lived separately for six months or more, it is presumed that irreconcilable differences exist.
In summary, you can file for divorce in Illinois if you have been a resident there for at least ninety days prior to filing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.