Illinois Divorce Residency Requirements: 90-Day Rule Explained

21 min read
By Jonathan D. Steele
Illinois Divorce Residency Requirements: 90-Day Rule Explained

You've made the difficult decision to file for divorce in Illinois, but there's one critical question standing between you and filing your petition: do you meet the residency requirements? I've seen countless cases delayed or dismissed because parties didn't understand the 90-day rule or filed in the wrong county. As a family law attorney at Beermann LLP who has handled hundreds of divorce cases across Illinois, I'll walk you through exactly what you need to know about residency requirements, including complex scenarios like military service, recent moves, and split residences.

Table of Contents

  1. Understanding the 90-Day Residency Rule
  2. State vs. County Requirements: Critical Differences
  3. Proving Residency: Documentation You'll Need
  4. Military Personnel and Special Circumstances
  5. Recent Moves and Establishing New Residency
  6. Split Residences and Multi-State Complications
  7. Which County Should You File In?
  8. Out-of-State Spouses: Jurisdiction Issues
  9. Common Residency Mistakes That Derail Cases
  10. Emergency Situations and Expedited Filings
  11. When to Consult an Attorney About Residency
  12. Frequently Asked Questions

Understanding the 90-Day Residency Rule

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401) establishes clear residency requirements for divorce proceedings. At its core, the law requires that either you or your spouse must have been a resident of Illinois for at least 90 days before filing for divorce. This seemingly straightforward rule becomes complex when applied to real-world situations.

The 90-day requirement serves multiple purposes:

Unlike some states that require six months or even a year of residency, Illinois's 90-day requirement is relatively short. However, don't let this brevity fool you into thinking it's merely a formality. Courts take residency seriously, and opposing parties often challenge residency claims to delay proceedings or gain strategic advantages.

What Constitutes "Residency" Under Illinois Law?

Residency for divorce purposes isn't just about where you sleep at night. Illinois courts consider multiple factors:

Physical Presence: You must actually live in Illinois, not just own property or maintain a mailing address here. Weekend visits or occasional stays don't count toward the 90-day requirement. Intent to Remain: Courts look for evidence that you intend to make Illinois your home, at least for the foreseeable future. This doesn't mean you must commit to living here forever, but temporary stays for work assignments typically don't qualify. Domicile vs. Residence: While often used interchangeably, domicile (your permanent home) carries more weight than mere residence. You can have multiple residences but only one domicile.

In In re Marriage of Kates, 198 Ill. App. 3d 156 (1st Dist. 1990), the appellate court emphasized that residency requires both physical presence and intent to remain. The court found that maintaining an Illinois driver's license and voter registration, while living primarily in another state, didn't establish residency.

State vs. County Requirements: Critical Differences

Here's where many people get confused: Illinois has two separate residency requirements that must both be satisfied:

  1. 90 days in the State of Illinois (for jurisdiction)
  2. 90 days in the specific county (for venue)

These requirements can run concurrently. For example, if you've lived in Cook County for 90 days, you've satisfied both the state and county requirements. However, if you lived in Lake County for 60 days and then moved to DuPage County for 30 days, you've met the state requirement but not the county requirement for either location.

Why County Matters

The county requirement determines where you can file your case, which affects:

For a detailed analysis of how venue affects your case strategy, see our comprehensive guide on divorce jurisdiction and venue in Illinois.

Strategic Venue Considerations

Some counties have reputations for being more favorable to certain types of cases. While Illinois law is uniform statewide, local practices can vary:

Cook County: Handles high-volume caseloads with specialized domestic relations divisions. Judges here see every type of case imaginable and tend to stick closely to guidelines. Collar Counties (DuPage, Lake, Will, Kane): Often have smaller caseloads, allowing for more individualized attention. Some attorneys perceive certain counties as more favorable for high-asset cases or complex custody matters. Downstate Counties: May have different approaches to farming assets, business valuations, and maintenance awards based on local economic conditions.

Proving Residency: Documentation You'll Need

When you file for divorce, you must submit a Petition for Dissolution of Marriage that includes an affidavit swearing to your residency. But if challenged, you'll need concrete evidence. I always advise clients to gather multiple forms of documentation:

Primary Evidence

Supporting Evidence

Digital Footprint Considerations

In today's digital age, your online presence can support or undermine residency claims. Social media posts, tagged locations, and digital receipts create a timeline of your whereabouts. For guidance on managing your digital footprint during divorce proceedings, review our resource on digital privacy in divorce.

I've seen cases where Instagram posts from another state contradicted residency affidavits, leading to perjury concerns and case dismissals. Be mindful that opposing counsel will likely review your social media accounts.

Military Personnel and Special Circumstances

Military families face unique residency challenges due to frequent relocations and deployment. Illinois recognizes these challenges and provides special considerations under both state and federal law.

The Servicemembers Civil Relief Act (SCRA)

The SCRA doesn't change residency requirements but can affect proceedings:

Establishing Military Residency in Illinois

Military personnel can establish Illinois residency even while stationed elsewhere if they:

For example, a servicemember stationed at Fort Campbell, Kentucky, but maintaining Illinois legal residence, can file for divorce in Illinois after meeting the 90-day requirement based on their legal residence, not physical presence.

Special Venue Provisions for Military

Under 750 ILCS 5/401(b), military personnel stationed in Illinois can file in the county where they're stationed, even if temporarily assigned there. This prevents servicemembers from being unable to divorce simply because military orders brought them to Illinois.

For comprehensive guidance on military-specific issues, including division of military pensions and benefits, see our detailed article on military divorce in Illinois.

Recent Moves and Establishing New Residency

"I just moved to Illinois last month. Can I file for divorce?" This question comes up frequently in my practice. The short answer is no—you must wait until you've established 90 days of residency. However, there are important steps you can take during this waiting period.

Day One Actions for New Illinois Residents

Immediately Upon Arrival:
  1. Change your driver's license to Illinois (you have 90 days by law anyway)
  2. Register to vote at your new Illinois address
  3. Update your address with employers, banks, and credit cards
  4. Enroll children in Illinois schools
  5. Find Illinois healthcare providers
  6. Register vehicles in Illinois
Document Everything: Keep receipts from your moving company, lease signing, utility connection dates, and first day of work in Illinois. These create a clear timeline of when residency began.

The "Visiting" Trap

I've seen cases dismissed where someone claimed to have "moved" to Illinois but evidence showed they were merely visiting. Red flags include:

Counting Your 90 Days

The 90-day period begins when you establish actual residence with intent to remain, not when you first arrive in Illinois. Courts have discretion in determining the start date based on the totality of circumstances.

Example Timeline:

When in doubt, wait a few extra days. Filing too early can result in dismissal and having to start over.

Split Residences and Multi-State Complications

Modern life often involves complicated living arrangements. You might work in Illinois but maintain a home elsewhere, or split time between multiple residences. These situations require careful analysis to determine where you can properly file for divorce.

The Two-Home Scenario

Consider this common situation: You own homes in both Illinois and Wisconsin, spending weekdays in Illinois for work and weekends in Wisconsin. Where can you file for divorce?

Courts apply a "center of gravity" test, considering:

No single factor controls. In In re Marriage of Szesny, 2012 IL App (2d) 110779, the appellate court found that maintaining multiple residences didn't defeat Illinois jurisdiction where the petitioner's life was primarily centered in Illinois.

Interstate Commuters

Long-distance commuters face particular challenges. Living in Indiana but working in Chicago doesn't establish Illinois residency. However, if you rent an apartment in Illinois where you stay during the work week, you might establish residency if you:

Seasonal Residents

"Snowbirds" who spend winters elsewhere must carefully track their days. Illinois doesn't require continuous presence for the 90-day period, but extended absences can break residency. Courts generally allow vacations and temporary absences if you maintain your Illinois domicile.

Best Practice: Keep a calendar documenting where you sleep each night. If challenged, you'll need to prove you spent sufficient time in Illinois during the relevant period.

Which County Should You File In?

Once you've met the state residency requirement, choosing the right county for filing becomes crucial. This decision affects not just convenience but potentially your case outcome.

Basic Venue Rules

Under 750 ILCS 5/401(a), you can file in any county where:

This gives you options if you and your spouse live in different counties. Strategic considerations include:

Your County Advantages: Spouse's County Advantages:

Venue Shopping Considerations

While "judge shopping" is frowned upon, legitimate venue choices exist. Factors to consider:

Case Type Alignment: Some counties have more experience with certain issues: Court Resources: Larger counties often have: Local Rules: Each county has local rules affecting:

Challenging Improper Venue

If your spouse files in a county where neither of you has resided for 90 days, you must object promptly. Under 735 ILCS 5/2-104, venue objections are waived if not raised in your first responsive pleading.

I recently handled a case where the wife filed in Lake County, claiming residency based on staying with her parents occasionally. We successfully challenged venue by showing she maintained her primary residence in Cook County, never changed her address, and only visited Lake County on weekends.

Out-of-State Spouses: Jurisdiction Issues

"My spouse moved to another state. Can I still file for divorce in Illinois?" Yes, as long as you meet Illinois residency requirements. However, additional jurisdictional considerations apply.

Personal Jurisdiction Over Non-Resident Spouses

Illinois courts need two types of jurisdiction:

  1. Subject Matter Jurisdiction: Authority to hear divorce cases (established by your residency)
  2. Personal Jurisdiction: Authority over your spouse

For Illinois courts to have personal jurisdiction over an out-of-state spouse, one of these must apply:

Illinois Long-Arm Statute for Divorce

Under 735 ILCS 5/2-209, Illinois can exercise jurisdiction over non-residents who:

In Kulko v. Superior Court, 436 U.S. 84 (1978), the Supreme Court limited personal jurisdiction in family law cases, but Illinois courts retain broad authority when the marriage has substantial Illinois connections.

Practical Implications

What Illinois Courts CAN Do: What Illinois Courts CANNOT Do:

Service of Process Considerations

Serving out-of-state spouses requires following both Illinois rules and the other state's laws. Options include:

For detailed procedural guidance, see our guide on how to file for divorce in Illinois.

Common Residency Mistakes That Derail Cases

In my years of practice, I've seen numerous cases complicated by residency errors. Here are the most common mistakes and how to avoid them:

Mistake #1: Filing Too Early

The Problem: Counting 90 days from the wrong date or filing at exactly 90 days without buffer time. The Solution: Wait an extra week beyond your calculated 90-day mark. Courts won't penalize you for filing on day 97 instead of day 90, but filing on day 89 can result in dismissal.

Mistake #2: Inconsistent Residency Claims

The Problem: Claiming Illinois residency for divorce while claiming another state for tax benefits or in other legal proceedings. Real Case Example: A client filed for divorce claiming Illinois residency but had recently filed a personal injury lawsuit in Indiana claiming to be an Indiana resident. Opposing counsel discovered this inconsistency, leading to credibility issues and delays. The Solution: Ensure consistency across all legal documents, tax filings, and official statements about your residency.

Mistake #3: Relying on Property Ownership Alone

The Problem: Assuming that owning property in Illinois establishes residency. The Solution: Property ownership is evidence of ties to Illinois but doesn't establish residency without physical presence. You must actually live in Illinois, not just own a vacation home or investment property here.

Mistake #4: Misunderstanding Temporary Absences

The Problem: Believing that any absence breaks residency or that you must be physically present for 90 consecutive days. Legal Reality: Temporary absences for vacation, business travel, or family emergencies don't break residency if you maintain your Illinois domicile. In In re Marriage of Pfeiffer, 237 Ill. App. 3d 510 (2d Dist. 1992), the court held that temporary absences don't defeat residency if the party intends to return.

Mistake #5: Filing in the Wrong County

The Problem: Filing where you work, where your attorney is located, or where you prefer, rather than where you've resided for 90 days. The Solution: File only in counties where you or your spouse has actually resided for 90 days. Venue mistakes can be corrected, but they cause delays and additional expense.

Mistake #6: Inadequate Documentation

The Problem: Assuming your word is sufficient to establish residency. The Solution: Gather documentary evidence before filing. If challenged, testimony alone rarely suffices. Courts want to see utility bills, lease agreements, driver's licenses, and other concrete proof.

Mistake #7: Forum Shopping Gone Wrong

The Problem: Attempting to establish "residency" in a preferred state without genuine connections. Real Case Example: A wealthy client wanted to divorce in Illinois rather than California, believing Illinois law would be more favorable. He rented an apartment in Chicago but continued living in Los Angeles. When deposed, he couldn't name his Chicago neighbors, didn't know local businesses, and had no Illinois doctor. The case was dismissed for lack of jurisdiction. The Solution: Only file where you have genuine residency. Forum shopping based on false residency claims can lead to sanctions, fee awards, and even criminal perjury charges.

Emergency Situations and Expedited Filings

Sometimes waiting 90 days isn't practical. While you cannot waive residency requirements, certain emergency procedures may be available:

Emergency Orders of Protection

If you're experiencing domestic violence, you can seek an Emergency Order of Protection immediately upon arriving in Illinois. These proceedings are separate from divorce and don't require 90 days of residency. Under the Illinois Domestic Violence Act (750 ILCS 60/), courts can issue protection orders based on where the abuse occurred or where the victim seeks safety.

Temporary Custody Orders

If children are in danger, Illinois courts may exercise emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), even without meeting normal residency requirements. This is limited to true emergencies and doesn't allow for full divorce proceedings.

Legal Separation Alternative

While rare in Illinois, legal separation doesn't have the same residency requirements as divorce. If you desperately need court orders but haven't met the 90-day requirement, legal separation might provide temporary relief. However, this creates complications if you later want to convert to divorce.

Pre-Filing Preparation

Use the 90-day waiting period strategically:

This preparation time often leads to better outcomes than rushing to file immediately upon meeting residency requirements.

When to Consult an Attorney About Residency

Residency issues can be complex, and mistakes have serious consequences. Consider consulting an attorney if:

You Have Multi-State Connections

Your Situation Is Urgent

You Face Complexity

Strategic Considerations Apply

An experienced attorney can analyze your specific situation and develop strategies to establish or challenge residency. For personalized guidance, schedule a consultation with our office.

The Cost of Getting It Wrong

Filing in the wrong place or without proper residency can result in:

The cost of a consultation is minimal compared to these potential consequences.

Frequently Asked Questions

Q: Can I file for divorce if I just moved to Illinois?

A: No, you must wait until you've been an Illinois resident for at least 90 days before filing. This waiting period begins when you establish actual residence with intent to remain, not just when you arrive in the state. Use this time to gather documents, consult with attorneys, and prepare your case.

Q: What if my spouse lives out of state?

A: You can still file for divorce in Illinois as long as you meet the 90-day residency requirement. However, the court's authority over your out-of-state spouse depends on personal jurisdiction rules. The court may have limited power to divide out-of-state property or order maintenance without your spouse's consent or other jurisdictional grounds.

Q: Is it 90 days in the county or 90 days in the state?

A: Both. Illinois law requires 90 days of residency in the state for jurisdiction and 90 days in a specific county for venue. These periods can run concurrently. If you've lived in one Illinois county for 90 days, you've satisfied both requirements. If you've moved between counties, you must file in a county where either you or your spouse has resided for 90 days.

Q: How do courts verify the 90-day requirement?

A: Initially, you swear to residency in your Petition for Dissolution of Marriage. If unchallenged, your affidavit suffices. However, if your spouse contests residency, you'll need documentary proof such as a driver's license, utility bills, lease agreement, employment records, or other evidence showing you've lived in Illinois for the required period.

Q: Can I leave Illinois after filing for divorce?

A: Yes, once you've properly established jurisdiction by meeting the 90-day requirement and filing your case, you can relocate. However, moving may affect venue, convenience for court appearances, and custody determinations if children are involved. Consult with your attorney before relocating during pending proceedings.

Q: What if I maintain homes in two states?

A: Courts look at your primary domicile—where your life is principally centered. Factors include where you spend most of your time, work location, voter registration, driver's license, tax filings, and community connections. You can only have one domicile for divorce purposes, even if you maintain multiple residences.

Q: Do I need to stay in Illinois for 90 consecutive days?

A: No, the 90 days don't need to be consecutive. Temporary absences for vacation, business travel, or family emergencies don't break residency if you maintain Illinois as your domicile and intend to return. However, extended absences or evidence that you've established domicile elsewhere can defeat residency claims.

Q: Can military members file in Illinois if stationed elsewhere?

A: Yes, if Illinois remains their legal residence. Military personnel can maintain Illinois residency for divorce purposes even while stationed elsewhere, as long as they keep Illinois as their home of record, maintain Illinois driver's licenses, and intend to return after service.

Take Action: Ensuring Your Divorce Proceeds Smoothly

Residency requirements may seem like technical hurdles, but they're fundamental to your divorce case. Filing without proper residency wastes time, money, and emotional energy. More importantly, it can cost you strategic advantages and delay resolution of critical issues like custody and support.

If you're contemplating divorce and have questions about residency requirements, don't guess or rely on general information. Every situation is unique, and seemingly small details can determine whether Illinois courts have jurisdiction over your case.

At Beermann LLP, we've guided hundreds of clients through complex residency issues, from military families to interstate executives to international relocations. We understand both the legal requirements and practical strategies for establishing residency and choosing optimal venue.

Don't let residency questions delay your fresh start. Schedule a consultation with our office at (847) 260-7330. We'll analyze your specific situation, identify potential residency challenges, and develop strategies to ensure your case proceeds in the right court at the right time.

For complex residency scenarios or cases involving significant assets, early planning makes all the difference. The decisions you make about when and where to file can affect everything from property division to custody arrangements. Make those decisions with confidence, backed by experienced legal counsel who understands Illinois residency law inside and out.

Remember, establishing residency is just the first step in your divorce journey. For comprehensive guidance on Illinois divorce law, including recent case law developments that may affect your case, visit our Illinois divorce case law resource center.

Your future is too important to leave to chance. Get the authoritative legal guidance you need to navigate Illinois divorce residency requirements successfully.

Need Cybersecurity Help? Jonathan D. Steele also provides cybersecurity consulting through Steele Fortress for clients concerned about digital security during divorce.

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Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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