Can I Decide Where to Get Divorced in Illinois?

 Posted on September 15, 2023 in Divorce

All divorces taking place in the State of Illinois need to meet the state’s residency requirements. That means that if you want to file for divorce, you need to have lived in Illinois for at least 90 days. The county where you file for divorce is the county in which your divorce will be handled, and the specific county where your case is handled is called the “venue.” 

There are certain circumstances in which you may want to settle your divorce in a different county. If you feel that a change of venue would serve your interests, a DuPage County, IL divorce attorney will be able to clear up some confusion around the significance of where your divorce is handled, and guide you through the process of transferring it to a different county.

Does Venue Matter in an Illinois Divorce?

When someone files for divorce, their case will be handled in the county where they filed, which is generally where they or their spouse reside. Even if the spouses are living in separate counties at the time of filing, the divorce gets assigned to the county in which it was filed. All Illinois family courts follow the same state laws, but some counties may handle them slightly differently. The specific county where your divorce is finalized might affect the outcome.

If your spouse - the petitioner - filed for divorce, you - the respondent - do not need to agree to your spouse’s chosen venue. However, if you decide you want your divorce handled in another county, you need to make sure to request the change in venue soon after your spouse files for divorce. Otherwise, if the case already begins, it is much less likely your request will be granted.

Why Would I Want to Change the Venue?

There are many reasons why someone would want to change the venue of their divorce case. These include:

• If your spouse moved to another county specifically because it has a reputation for ruling in a particular way that could be more beneficial to them

• If you are the primary caregiver for young children from this marriage, traveling back and forth to another county could put an unfair burden on you

• If your spouse is influential in the county they chose (if they hold an official position, are an involved community member, are a local celebrity, etc.) and you are concerned they would be treated more favorably because of that

• If you and your spouse live a considerable distance away from each other, you may decide to have your case handled in a county that is equidistant from both of you

Schedule a Free Consultation with a Wheaton, IL Divorce Attorney

If your spouse is filing for divorce and you think you could benefit from a change in venue, an experienced DuPage County, IL divorce attorney at Goostree Law Group can help you navigate this process. Call [phone]] today to schedule a free consultation.