Illinois Residency Requirements
The state of Illinois has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Illinois residency requirements are as follows:
The court shall enter a judgment of dissolution of marriage as long as 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 prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 104 and 401)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Illinois for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Illinois residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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