How long do I have to live in Illinois before I can file?

In order for the Court to have jurisdiction over the marriage, at least one party must be a resident of the State of Illinois at the time of filing.  Before a Court can finalize your divorce the party with residency MUST be a resident of the State of Illinois for a continuous period of at least 90 days prior to entry of Judgment.

Because Illinois has jurisdiction over one party does NOT necessarily mean that a divorce court has jurisdiction over both parties.  An example of where Illinois has jurisdiction over 1 party but not the other would be when 1 spouse moves from a neighboring state, say Indiana, and the other spouse remains in the home state–here, it’s Indiana.

Illinois clearly has jurisidiction over the spouse residing in Illinois.  By that spouse having residency in Illinois the divorce court has jurisidiction over the marriage as well; however, the divorce courts are powerless as to the spouse remaining in Indiana and has no jurisidiction over property in a foriegn state–Indiana.  Even though the Court has Jurisdiction over one spouse and jurisdiction over the marriage, that does not necessarily mean the divorce court has the authority to set support, award custody, or divide property.  This is a difficult concept to explain, and if jurisdiction may be an issue, one you should discuss with a divorce attorney personally.