Different states have very different divorce laws. People who move between states need to know how these laws are going to apply. They don’t necessarily have to apply for divorce in the same state where they got married, but they do need to know how living in a new jurisdiction could impact the process.
In Illinois, one thing to keep in mind is that the state imposes residency requirements. You can’t move to Illinois and immediately file for divorce from your partner. Under state law, you must live there for at least 90 days—roughly three months—before you file. Only then will the court accept your divorce petition.
Is there a waiting period?
In some states, the law also imposes a waiting period. For instance, it may state that a judge can’t issue a final divorce decree until at least six months after you file the paperwork.
There is no waiting period in Illinois, however. You do need to live in the state for 90 days before filing, but there’s no restriction on how quickly a judge can issue your divorce.
That said, this doesn’t mean the divorce is instantaneous. It often takes months simply because you have to go through the negotiation process and potentially get a court ruling for things like child custody rights or property division. All of this takes time, and the judge isn’t going to issue the final decree until all the details have been appropriately addressed.
If you are getting a divorce in Illinois this year, take the time to carefully consider all of your legal options. It may help to work with an experienced law firm at this time.
