Can I file and be granted a divorce if I no longer reside in the state I was married in?

Asked about 2 years ago - Crystal Lake, IL

My husband and I have decided to get a divorce. We've been seperated for over 6 months. We were married in McHenry County, Illinois. I moved to GA a month ago for a job I couldn't pass up but he still resides in IL which is where I used to reside as well. The divorce is mutual, very cordial and there is no fighting over anything. We do not have children together and the house is in my name only but is currently being foreclosed on. He doesn't want that either so there is nothing we are not in agreeance on. Can we fill out the proper paperwork online that is required by the state and be granted a divorce online or can there be another way to do it so I do not have to try and get back to IL? Please help. Thank you

Attorney answers (4)

  1. Michael A. Meschino

    Contributor Level 13

    8

    Lawyers agree

    Answered . As your husband still lives in Illinois the Illinois courts have Subject Matter Jurisdiction, that is the right to hear the case. If your husband is the Petitioner then you will not have to appear if you have a signed Marital Settlement Agreement that handles all the issues in a divorce. Even though it is cordial I reccomend obtaining an attorney to do the paperwork properly because so many things can and do go wrong with people who represent themselves in Cordial Divorces.
    There is no online divorce in Illinois.

  2. Gary L. Schlesinger

    Contributor Level 20

    7

    Lawyers agree

    Answered . yes you can. you can file here or in ga if you satisfy its residency requirements.

    no, you cannot get a divorce on line. one of you has to make a court appearance. he can do.

  3. David Alexander Browde

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes, so long as you meet the residency requirement in your current state you can follow procedures. there.

  4. Joel Richard Salinger

    Contributor Level 4

    3

    Lawyers agree

    Answered . Every state has their own laws as to residency requirements and the time you must reside in a state before they will entertain an action for divorce. Although I can not specifically state what Illinois law is, I can state that in all States, if one party fulfills the requirements, then the state will entertain the action. In your case you have the added point that you were married in the State. You should not have any problem doing a divorce in Illinois. That being said, I do not know if Illinois has any ability to file on line. I do know that New York State does not and I believe that Illinois does not either. You can usually get the documents you must file and filing instructions on line but you will probably have to file the paperwork and filing fees in the clerks office of the court. I think you would be better off finding an attorney in Illinois to assist you, in the long run, it will be faster and although it will cost it can save you money by making this go faster and avoid problems. Good Luck.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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