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Can I file for divorce in Illinois if I live in Florida

Orlando, FL |

Situation: Married in Illinois for 21 years .. I moved to Florida but spouse still lives in IL in marital home. I have minor child living with me. I am seeking child support, alimony and retirement benefits. He had multiple "lady friends" in the latter part of the marriage. And if I can file in IL, will it be in me and my childs best interest to file IL or FL?

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Attorney answers 3

Best Answer

If you have lived in Florida for more than 6 months, you could file for divorce in Florida. However, you could also file in Illinois so long as your husband is there. So you would want to consider what makes the most sense on a practical level, as well as strategically. Consider where witnesses in your favor are in the event you need to go to Court and have them testify. Consider whether infidelity is more relevant to an alimony/equitable distribution award in one state versus the other.


You will likely need to file in Illinois. Illinois is the state where the marriage occurred, where the marital home presently exists, and where the couple last remained as a couple. Illinois law will govern the divorce.

This is not to be considered legal advice nor does an attorney-client relationship exist.


You would have to be a resident of Florida for at least six months before you can file here.