Can I File for Divorce in Illinois?

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 Illinois 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).

By a signed authentication in the divorce papers, the petitioner proves that he or she is a resident of Illinois for at least the past 90 days. If you are required to provide further proof, the court will accept an affidavit by a witness corroborating residency or an Illinois driver’s license with your current address, any tax paperwork showing that you pay taxes with the State, signed and dated lease agreements or utility bills dating back 3 months.

In Illinois, if the action or reason for the divorce happened in the state, and both parties lived in the state at the time of the action or reason for the divorce, then you are considered a resident for filing purposes and you do not need to wait 90 days to file for divorce.