In Illinois, a court has jurisdiction to grant a divorce if one of the parties: (a) was an Illinois resident at the commencement of the case and (b) the residence has been maintained for 90 days prior to the commencement of the case or 90 days prior to the making of a finding of residence.
The question of residency arises when a person has resided in Illinois for only a short period of time prior to filing the divorce action. The primary factor in determining residency is a person’s intent to make Illinois his or her permanent residence. A party’s intent is determined by their actions. For example, the address on a driver’s license; or the name on utility bills; or a voter’s registration card; or the name and address on a bank account within the state. The factors vary in each case.
A person’s residence and domicile may or may not be the same. A domicile is where someone lives, versus a residence, which is a person’s intent to live in Illinois as a permanent home.
When seeking a divorce attorney in the Chicago area, take time to interview them and insure they are the right match for your needs. If your situation involves complex assets, it is even more important that your divorce attorney is experienced with higher end financial situations.
Read our “Qualities to look for in your divorce attorney” article to learn more.