Meeting Illinois Residency Guidelines is Crucial for Divorce

 Posted on October 30, 2023 in Family Law

Understanding the residency requirements for an Illinois divorce is a necessity. Illinois law has two very specific requirements for residency that one or both spouses must comply with before a divorce can be finalized.

Whether through mediation, collaborative law, or traditional litigation, having a skilled lawyer on your side can make all the difference in a divorce's outcome.

The Residency Requirements for an Illinois Divorce

Meeting the residency requirements for a divorce requires that you, your spouse, or both must have lived in the state for at least 90 days before filing. In general, one spouse must have lived in Illinois for 90 days either during the filing for divorce or during the finalization of it. There are exceptions to these residency requirements that extend to armed forces members who may have different considerations.

How to Establish Residency in Illinois

There are several ways of establishing Illinois residency. The first way is to obtain an Illinois driver's license or state identification card. You can also register to vote in the state. Maintaining a permanent residence in the state can also help establish residency. To do so requires having a physical address in Illinois, where you intend to live for the long term.

Other ways to establish residency in Illinois include:

• Registering your vehicle
• Enrolling your children in an Illinois public school
• Change your address on your state taxes
• Have your name on the utility bills of an Illinois address

Exceptions to the Residency Requirement

Active duty military personnel are exempt from the 90-day rule regardless of their state of residency. However, they will have to be or have been stationed at an Illinois military base. The main exception to the rule is specific to military spouses. In case you are a spouse of a person serving in the military, you may be able to file for divorce in Illinois even if you have not been a resident of the state for 90 days.

Contact a Hinsdale, IL Divorce Lawyer

Getting a divorce is a complex legal process, even if you and your spouse agree on all of the issues. A good DuPage County, IL divorce attorney can help you to understand the divorce process and protect your rights. The attorneys of Law Office of Martoccio & Martoccio have a combined 75 years of legal experience in helping families through divorce proceedings. To learn more about what they can do for you, contact the office at 630-920-8855 today for a free consultation.