# Illinois divorce residency requirements and where to file

> Illinois divorce residency is 90 days for one spouse, the shortest of any large state. Which county to file in, and what to gather before you start the case.

Illinois asks less of you than almost anywhere else before it will hear your case. Ninety days, one spouse, and that is the whole gate. People who moved here last spring routinely assume they have to wait a year, because that is the rule where they came from.

## How long do you have to live in Illinois to file for divorce?

Ninety days. [Section 401(a)](https://www.ilga.gov/legislation/ILCS/details?ActID=2086&ChapterID=59&ChapAct=750%2BILCS%2B5%2F&SeqStart=3900000&SeqEnd=5400000) of the Illinois Marriage and Dissolution of Marriage Act says the court enters a judgment of dissolution when, at the time the action was commenced, one of the spouses was a resident of Illinois or was stationed here as a member of the armed services, and that residence or military presence had been maintained for 90 days.

Three things in that sentence matter more than people notice:

- **One spouse, not both.** If your spouse has been in Illinois for a year and you just arrived, you can file today. The statute asks about "one of the spouses" and does not care which one.
- **Military presence counts as residence.** Being stationed in Illinois for 90 days satisfies the requirement even if your legal domicile is another state.
- **The clock can run to the finding instead of the filing.** The statute allows the 90 days to be measured to the commencement of the action or to the making of the finding. If you file at day 70, the requirement can still be satisfied by the time the judge rules.

The court's own [instruction packet](https://www.illinoiscourts.gov/forms/approved-forms/forms-circuit-court/divorce-child-support-maintenance/) states the same rule in one line for people without lawyers: you may use these forms when you or your spouse has lived in Illinois for at least 90 days.

## Which county do you file for divorce in Illinois?

The circuit court in the county where you or your spouse lives. [Section 104](https://www.ilga.gov/legislation/ILCS/details?ActID=2086&ChapterID=59&ChapAct=750%2BILCS%2B5%2F&SeqStart=100000&SeqEnd=900000) sets venue there and then adds two things worth knowing.

An objection to venue is barred if it is not made by the time the respondent's answer is due. Miss that window and the case stays where it was filed. And venue in Illinois is never jurisdictional, so a case filed in the wrong county does not become void; it becomes a case somebody can move.

If neither of you lives in the county where the case is filed, the petitioner has to attach a written motion asking the court to waive the venue requirement, and the judge hears that motion before anything else in the case.

### Which court handles divorce in Illinois?

The circuit court. Illinois has a single trial court of general jurisdiction, and in most counties a domestic relations or family division of that court hears dissolution cases. There is no separate family court that handles support and a different court that handles the divorce, which is the split that confuses people arriving from New York.

## What if you have not lived in Illinois for 90 days?

Check three things before you decide to wait.

- **Check your spouse's residency.** The statute needs one resident, so your spouse's 90 days work as well as yours.
- **Check your service status.** If you or your spouse are stationed in Illinois, military presence for 90 days does the job.
- **Check where you actually qualify now.** The state you just left may still be open to you, and filing there may suit your case better anyway.

Residency here is jurisdictional in a way venue is not. A judgment entered without it can be attacked later, and unwinding a divorce is a far worse problem than waiting a few more weeks.

## Do you need a reason to get divorced in Illinois?

You need irreconcilable differences, and that is the only ground left. Illinois repealed adultery, desertion, cruelty and the rest of its fault grounds effective January 1, 2016, along with the old two year and six month waiting periods that went with the separation ground.

What survives is a six month separation that creates an irrebuttable presumption rather than a requirement. The [grounds chapter](https://www.counselpro.ai/divorce-guide/illinois/grounds-for-divorce) walks through what that means when you have been apart for four months rather than seven.

## Who else can file for divorce in Illinois?

- **Same-sex spouses** file exactly like anyone else. Illinois wrote its dissolution statute to cover marriages and civil unions in the same sentence, and the statewide forms are labeled "Marriage/Civil Union" throughout.
- **Military families** can file when either spouse meets the 90 day residence or military presence test. A servicemember on active duty has federal protections against a default judgment, and the court's no-children form packet says not to use the self-help forms when your spouse is on active duty unless they have already signed an Appearance.
- **A spouse whose partner lives abroad** is in the same position: the statewide packet steers you to a lawyer unless the other spouse signs an Appearance.
- **A spouse who cannot find the other** can still file, and Illinois has unusually modern options for reaching someone, including service by email and by social media on a court order. The [service chapter](https://www.counselpro.ai/divorce-guide/illinois/serving-divorce-papers) covers how that motion works.

## What do you need to gather before you file for divorce in Illinois?

Illinois does not make you file a full financial disclosure at the start of every case, so nobody forces this on you early. That is exactly why you should do it early: the moment anyone asks for temporary support, the financial affidavit becomes due immediately, and it is only as good as the documents behind it.

- Your marriage or civil union certificate, with the date and place of the ceremony
- The date you and your spouse separated, since it decides the six month presumption
- The last three years of federal and state tax returns with every W-2, 1099, K-1 and schedule
- Recent pay stubs, plus enough history to show bonuses, commissions and overtime
- Statements for every checking, savings, brokerage and retirement account
- Deeds, mortgage statements, leases and any promissory notes
- Business tax returns and ownership documents if either of you holds an interest
- Life, health, auto and homeowners insurance policies

Pull complete statements rather than the summary pages. The summary tells you a balance, and every argument you are likely to have is about the transactions underneath it.

## What happens after you meet the requirements?

1. File a verified Petition for Dissolution of Marriage and a Certificate of Dissolution with the circuit clerk
2. Serve your spouse, or have your spouse sign and file an Appearance
3. Wait out your spouse's 30 day window to appear or answer
4. If there are children, file a proposed parenting plan within 120 days and attend the parenting class
5. Exchange financial information, by affidavit if temporary relief is sought and by discovery otherwise
6. Settle the money and the children, or try them

The [timeline chapter](https://www.counselpro.ai/divorce-guide/illinois/process-timeline) puts realistic ranges on each of those steps, and the [filing chapter](https://www.counselpro.ai/divorce-guide/illinois/filing-guide) covers the forms and what your county charges.

Source: https://www.counselpro.ai/divorce-guide/illinois/filing-requirements