Where Can I Get Divorced?

Do I have to file for divorce where I was married?

No, mostly like not. In fact, it may not even be allowed. Presuming that the court has subject matter jurisdiction (because you or your spouse are a resident of Illinois, for example), where your case can be filed in Illinois is the venue, or place.

If you reside in Illinois, Illinois has jurisdiction to hear your case (subject matter jurisdiction), not by virtue of where you were married, but based upon your residency. If you moved here from another state and your spouse has never lived here, you still may be able to get divorced in Illinois, unless long-arm jurisdiction (735 ILCS 5/2-209) is applicable, but you may not be able to assert personal jurisdiction. In such case, the court cannot order a money judgment, but can only enter the divorce.

For cases involving minor children, jurisdiction is subject to the UCCJEA (750 ILCS 36/201 et seq.) Typically, it is based on whether Illinois is the home state of the children (as defined by the UCCJEA).

So where to file? In the county in which either party resides (750 ILCS 5/104). But it gets more involved. Maybe the county where the children reside is the more proper venue (forum non conveniens).? And, beyond that, I have had a few cases filed in a county where neither party resided, with the court’s blessing.

You can see that there are basics, the next level of information, and some exceptions, so the issue of venue, or where to file, can be quite strategic. Discuss it with your family law attorney.

Post-Decree (after the divorce)

Where to file for a change of custody, now called a modification of parenting allocation? Or a petition to enforce child support, or lower my maintenance? These are usually post-decree, or after the divorce. Do I have to file my petition to enforce child support, or change parental allocation, in the same county where I was divorced? Usually, but there are exceptions.

If neither of you reside in that county anymore, you may file your post-decree case in the county where 1) you were divorced; 2) where you now reside (in Illinois); or 3) where your former spouse resides (in Illinois). 750 ILCS 5/512. If neither party resides in the county where the divorce was finalized, and there is no pending petition or pleading (note that this is a vital strategic point), then the case may be registered where either party now resides. If it’s a matter involving parenting, the original court can transfer the case to the county where the children reside.

There are so many ways to strategize if you know the chessboard to jurisdiction and venue, and we just scratched the surface. Don’t file something until you ask an expert. Good planning with clients gives them options as to the best place to file for their particular situation.

Let’s assess the situation and give you the best options to choose from. The good news is you don’t have to know all of the laws, and exceptions to rules, but we’re always happy to explain them.