Divorce Residency Requirements in Illinois: Who Can File and Where
Illinois requires one spouse to be a resident, or stationed in the state in the armed services, for 90 days before the action starts or before the finding. Parenting jurisdiction is a separate test.
What residence does an Illinois divorce require?
The court enters a judgment of dissolution when, at the time the action was commenced, one of the spouses was a resident of the State or was stationed in the State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding (750 ILCS 5/401(a)). Only one spouse has to meet it. The Illinois divorce timeline calculator adds 90 days to the date you enter.
Why does the statute say “or the making of the finding” in Illinois?
Because the 90 days can be completed after the petition is filed: the residence must be maintained for 90 days next preceding either the commencement of the action or the making of the finding. The wording lets the 90 days be measured to either date, and the spouse must have been a resident when the action began; ask a licensed Illinois attorney how your court applies it before filing early.
Does military service count in Illinois?
Yes. A spouse stationed in Illinois while a member of the armed services, with that presence maintained for the 90 days, satisfies the rule (401(a)).
Where do you file for divorce in Illinois?
Section 401 names no county or court. Ask the clerk of the circuit court in the county where you or your spouse lives which court takes the filing.
Does residence decide parenting jurisdiction too in Illinois?
No. Parenting time and decision-making are allocated on the child’s best interests under the allocation sections (750 ILCS 5/602.7), and the court needs its own jurisdiction over the child. A parent who moves to Illinois with a child can be divorced here before an Illinois court can decide parenting issues; see the Illinois parenting time calculator and ask a licensed Illinois attorney about the child’s home state.
What must the court do before it grants the judgment in Illinois?
Judgment shall not be entered unless, to the extent it has jurisdiction, the court has considered, approved, reserved or made provision for the allocation of parental responsibilities, child support, maintenance and the disposition of property (401(b)).
Can the residence be proved by a driver license in Illinois?
Section 401 does not list the proof. Bring documents that show when your Illinois home began, such as a lease or deed, a driver license, voter registration and work and tax records, and ask the clerk what your court requires.
Does the other spouse have to be served in Illinois?
The sections we read do not describe service. The action is commenced by filing, and the 90 days are counted back from the commencement or the finding; ask the circuit clerk about service rules, since delays in serving the other spouse delay the case even though section 401 sets no waiting period.
How do the 90 days and the six months fit together in Illinois?
They are separate clocks. For example, a spouse who moved to Illinois on March 1 completes 90 days on May 30. If the spouses began living separate and apart on the same day, six months end on September 1, and the irreconcilable differences requirement is irrebuttably met from then.
Frequently asked questions
How long must I live in Illinois to get a divorce?
One spouse must have been a resident or stationed there for 90 days before the action or the finding.
Do both spouses have to live in Illinois to divorce there?
No. Only one spouse has to meet the 90-day rule.
Does military service count for Illinois residence?
Yes, if the spouse was stationed in Illinois for the 90 days.
Where do I file for divorce in Illinois?
In the circuit court; ask the clerk of the county where you or your spouse lives.
Does Illinois residency decide parenting jurisdiction?
No. Parenting allocation follows the child’s best interests and the court’s separate jurisdiction over the child.
Official sources
- 750 ILCS 5/401: dissolution of marriage
- 750 ILCS 5/503: disposition of property and debts
- 750 ILCS 5/609.2: parent’s relocation
- 750 ILCS 5/602.7: allocation of parenting time
- 750 ILCS 5/505: child support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.