Looking ahead can be useful when you are about to go through a divorce. You may already be anticipating and thinking about the various aspects of the process, such as property division and spousal support. Nevertheless, you cannot skip the initial steps of the divorce, which includes when and where you can initiate the petition.
If you and your spouse were married in another state, you may be curious as to whether you can seek a divorce in Illinois.
Yes, if you meet the other requirements.
Fortunately, Illinois does not require separating spouses to have been married in the state before courts hear their divorce petition. Nonetheless, the state still outlines its own requirements before spouses can proceed with the process. These requirements include the following:
- Residency: That at least one of the spouses resides in the state for three months before the divorce petition or the issuance of divorce order
- Separation: That the parties have been living separately, whether in the same or separate household, for at least six months before the divorce petition
Parties can waive the separation requirement if they agree that their marriage is irretrievably broken and can no longer be saved during the six-month period.
A process that requires continuous guidance
Every part of a divorce, from filing the petition up to receiving the final decree, is equally important since the entire process will determine your future. Hence, it is vital to prepare for each aspect with adequate understanding of the process and consistent legal guidance to ensure your protection.