Can I Get Divorced in Illinois if My Spouse Lives in Another State?

 Posted on June 29, 2025 in Divorce

Divorce can be complicated, especially when spouses live in different states. If you live in Illinois and your spouse lives in another state, you can still file for divorce locally, but the divorce process can be significantly more complex. Understanding jurisdiction and notice requirements is part of moving forward with divorce confidently, and an experienced Wheaton divorce attorney can help.

Residency Requirements for Filing for Divorce in Illinois

The first step in filing for divorce in Illinois is determining whether the state has jurisdiction over your divorce. Under 750 ILCS 5/401, you must have an established residence in Illinois for at least 90 days before filing. It does not matter where your spouse lives. Your residency alone is enough to initiate proceedings in the state. As long as you meet this residency requirement, the court has the authority to grant you a divorce.

Serving an Out-of-State Spouse With Divorce Papers

Once you file your petition, the next step is to legally notify your spouse. Illinois law allows you to serve them even if they live outside the state. Under 735 ILCS 5/2-209, the court can exercise authority over an out-of-state party if certain minimum contacts with the state exist, a practice called "long-arm jurisdiction," and this applies to cases involving the dissolution of marriage. 

Typically, your spouse does not need to return to Illinois to respond to the petition. As of June 2025, Illinois courts continue to support remote appearances, making it easier for out-of-state parties to comply with court procedures. If your spouse does not respond at all, the case may proceed without their input, potentially leading to a default judgment. The court will make decisions based on the information you provided.

What Illinois Divorce Courts Can and Cannot Decide for Spouses Living in Separate States

While Illinois courts can grant a divorce in your case, the court’s power may be limited in other areas. For example, dividing marital property located outside of Illinois or ordering an out-of-state spouse to pay spousal maintenance or child support may require additional steps.

Under the Uniform Child Custody Jurisdiction and Enforcement Act, 750 ILCS 36/, Illinois can assert jurisdiction if minor children are involved and their "home state" is Illinois. "Home state" is defined as the state where the children have lived with a parent for at least six consecutive months immediately before the custody proceedings begin. Therefore, if you have children with your spouse, the court will likely be able to establish parental responsibilities and parenting time, known as custody and visitation.

If the court cannot assert personal jurisdiction over your spouse, it may still grant a divorce judgment. However, enforcing certain provisions, especially those involving property division, could require registering the Illinois judgment in the spouse’s state. Talk to your attorney about what that process will entail.

Contact a Wheaton, IL Divorce Attorney for a Free Consultation

Even if your spouse has moved away, you do not have to wait to take action. Illinois law gives you the right to file for divorce and address issues like parenting, property division, and support. At Davi Law Group, the DuPage County, IL divorce lawyer helps clients navigate these challenges with clarity and confidence. Contact us today at 630-657-5052 for a free consultation and learn more about how Illinois law applies to your case.