Skip to content
Oakclause

Divorce Residency Requirements in Illinois

In Illinois, one spouse must have lived in the state (or been stationed there in the military) for 90 days before the case starts or before the court's finding, and the no-fault ground is irreconcilable differences.

Last checked . General information, not legal advice.

Illinois at a glance

State residency
90 days
Counted to the start of the case or to the court's finding.
County residency
No county period in the residency statute
No-fault ground
Irreconcilable differences
6 months of living apart before judgment creates an irrebuttable presumption.

Sources

Last checked

The rules in Illinois

How long must you live in Illinois before filing for divorce?

State residency in Illinois: 90 days. Counted to the start of the case or to the court's finding.

Is there a county residency requirement for divorce in Illinois?

County residency in Illinois: No county period in the residency statute.

What is the no-fault ground for divorce in Illinois?

No-fault ground in Illinois: Irreconcilable differences. 6 months of living apart before judgment creates an irrebuttable presumption.

Where do the Illinois divorce residency requirements come from?

The rules above come from 750 ILCS 5/401. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.