Family · Divorce Residency
Divorce Residency Requirement in Illinois
How long you or your spouse must live in Illinois before filing for divorce, whether a county period also applies, whether one spouse is enough, and how it differs from the wait to finalize. Cited to the statute.
The residency requirement in Illinois
What the state, and any county, period is, whether one spouse suffices, and the exceptions that apply.
| The requirement | What it means |
|---|---|
| State: 90 days | Judgment may be entered when one of the spouses was an Illinois resident and that residence had been maintained for 90 days before the action began or before the finding, under 750 ILCS 5/401(a). |
| File now, finalize at 90 days | The 90 days is measured to the finding or judgment, not the filing date, so a petition can be filed before 90 days have run, but the court cannot enter judgment until the 90 days are complete. |
| One spouse is enough | Only one spouse needs the 90 days. Both parties need not reside in Illinois. |
| No county requirement | Illinois sets a statewide 90-day rule. There is no separate durational county residency clock for filing. |
| Exceptions and notes | What it means |
|---|---|
| Military stationed in-state | Being stationed in Illinois for 90 days as a member of the armed services counts the same as residence, so a servicemember at an Illinois installation qualifies even if their legal home state is elsewhere. |
| No marriage-in-state shortcut | Being married in Illinois does not shorten the 90-day rule. |
| Not the separation presumption | Do not confuse the 90-day residency with Illinois’s six-month living-apart period, which creates an irrebuttable presumption that irreconcilable differences are met. That separation clock is different and longer. |
What you can do right now
Concrete, neutral steps to confirm you can file for divorce in Illinois. This is legal information, not legal advice.
- You can file before the 90 days are up
Because the 90 days runs to the judgment, you may file the petition earlier and let the residency accrue while the case proceeds, as long as it is complete before judgment.
- Only one spouse needs to qualify
If your spouse is the Illinois resident, you can still divorce here. Both parties need not live in Illinois.
- Count a military posting as residence
If you are stationed in Illinois for 90 days, that counts as residence for the divorce even if your legal home state is elsewhere.
- Talk to an Illinois family attorney
The file-early timing and the separation presumption are easy to mix up. A licensed Illinois attorney can confirm your dates. The State Bar can refer you to one.
Residency and venue turn on domicile and dates, especially after a recent move. This resource can connect you with a court self-help center or a licensed family attorney.
→ Illinois State Bar — Illinois Lawyer FinderThis is general legal information, not legal advice. Domicile, county venue, military service, and the separate wait to finalize can change the answer, so confirm your situation with a court resource or a licensed attorney.
What people get wrong about Illinois divorce residency
Illinois has the shortest residency requirement of these six states, 90 days, and a timing quirk that works in your favor. Under 750 ILCS 5/401(a), a court can grant a divorce when one spouse has been an Illinois resident for 90 days, but the statute measures those 90 days to the finding or judgment, not to the filing date. That means you can file the petition before the 90 days are complete and let the residency accrue while the case moves along, so long as it is finished before the judgment is entered. Only one spouse needs the 90 days, and being stationed in Illinois for 90 days as a servicemember counts the same as residence, even if your legal home state is elsewhere. There is no county durational requirement. The main trap is confusing this 90-day residency with the separate six-month living-apart period, which creates an irrebuttable presumption of irreconcilable differences. That separation clock is longer and does a different job; the residency-to-file figure is the flat 90 days measured to judgment.
Common questions
What is the residency requirement to file for divorce in Illinois?
One spouse must be an Illinois resident for 90 days before the court can grant the divorce, under 750 ILCS 5/401(a). Because the 90 days runs to judgment, you can file earlier.
Can I file for divorce in Illinois before I have lived here 90 days?
Yes. The 90 days is measured to the finding or judgment, not the filing date, so you can file the petition before 90 days elapse as long as the residency is complete before judgment.
Do both spouses need to live in Illinois to divorce there?
No. Only one spouse needs the 90-day residency. Both parties do not have to reside in Illinois.
Does being stationed in Illinois count for divorce residency?
Yes. Being stationed in Illinois for 90 days as a member of the armed services counts the same as residence, even if your legal home state is elsewhere.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.