When someone decides to file for divorce in Illinois, there are strict rules that must be followed before a court can legally hear the case. One of the most important requirements is residency. At our firm, we are often asked how long someone must live in Illinois before they can file for divorce here. This question comes up frequently for people who recently moved into the state, have spouses living in another state, or are looking to relocate soon. It’s a critical issue because even if both spouses agree to divorce, the court must first have jurisdiction. If the residency requirement isn’t met, the petition will be dismissed. That wastes time, money, and causes unnecessary emotional stress.
Under Illinois law, the residency rule is clear. 750 ILCS 5/401(a) of the Illinois Marriage and Dissolution of Marriage Act requires that either spouse must reside in Illinois for at least 90 days before a divorce can be finalized. This does not mean both spouses must live in the state, and it doesn’t mean the case can’t be filed sooner. The requirement is that one of the spouses must have been a resident of Illinois for at least 90 days by the time the final judgment is entered, not necessarily when the case is filed. However, most judges want to see the residency requirement met before filing, just to avoid delays or questions later.
Residency does not require any official paperwork. There is no need to own a home or have a driver’s license in Illinois to be considered a resident for divorce purposes. Courts look at where someone is physically living and whether they intend to stay. This can include renting an apartment, living with family, or even staying in temporary housing. What matters is that the person has been in Illinois with the intent to make it their home.
Residency is typically proven with evidence such as:
As long as one spouse has established this kind of presence for at least 90 days, the court will typically find the residency requirement is met.
Yes. Only one spouse needs to meet the residency requirement for the court to have jurisdiction to grant a divorce. However, if there are issues involving children, property, or financial support, it can become more complicated. Illinois courts need personal jurisdiction over the other spouse to make rulings on child custody, support, or dividing out-of-state property.
In most uncontested divorce cases, where the other spouse does not challenge jurisdiction or file an appearance, the court can proceed without issue. But if the out-of-state spouse objects or is not properly served, those parts of the divorce may be delayed or require additional legal steps.
In contested divorces,where the spouses disagree over issues like custody, support, or property division, the residency requirement becomes even more important. If the requirement is not met, the opposing party can file a motion to dismiss. This could set the case back months. For this reason, courts are strict about confirming the 90-day minimum.
Also, filing in the right county matters. Under 750 ILCS 5/104, the divorce should be filed in the county where either party resides. This ensures the court has both subject matter jurisdiction and proper venue.
Illinois requires at least one spouse to live in the state for 90 days before the court will grant a divorce. You can file earlier, but the final judgment cannot be entered until the 90-day mark has been met.
You may file, but the court will not issue a final divorce judgment until you or your spouse has met the 90-day residency requirement. If your case is contested, the judge may delay the case until residency is confirmed.
No. Only one spouse needs to meet the residency requirement. The other spouse can live out of state. However, out-of-state residency can impact child custody or financial matters depending on the circumstances.
Residency is shown through documents such as leases, utility bills, voter registration, or testimony. The court needs to see evidence that you’ve lived in Illinois and intend to remain here.
Yes, but if you want the court to make decisions about property division, child custody, or spousal support, the court must have personal jurisdiction over your spouse. That usually requires serving them properly in Illinois or them agreeing to the court’s authority.
If neither spouse has lived in Illinois for 90 days, the court will dismiss the case. You’ll have to wait until the requirement is satisfied before refiling.
Illinois no longer requires a mandatory separation period for no-fault divorces. If both parties agree, the court can finalize the divorce once the residency and filing requirements are satisfied.
Under Illinois law, you can file in the county where either you or your spouse resides. That means you don’t have to live in the same county to start the process.
At Gordon & Perlut, LLC, we help individuals and families across Illinois understand their rights and meet the requirements needed to file for divorce correctly. If you’re unsure whether you’ve lived in the state long enough to file or have other questions about jurisdiction, we can walk you through every step. Timing matters. The sooner you clarify your eligibility, the sooner you can move forward with your case.
We offer free phone consultations to help you get started. Contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients throughout all of Illinois and are ready to assist with your divorce case now.