Family & Safety

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I want to divorce someone who lives outside Illinois

Someone who lives in Illinois for at least 90 days can get a divorce from a spouse who lives outside of Illinois. 

If the divorce case decides who gets custody (parental responsibilities) of a child, the child must have lived in Illinois for at least six months before the divorce was started. However, there are exceptions to this. It is best to talk to a lawyer if this is a concern.

If you meet the above requirements, you can file for divorce in Illinois.  You can read more about filing for divorce and the process.

If your spouse is in the military, there are different rules. This is because there are special legal issues that military families need to work out. Veterans, active military personnel, national guard service members, reservists, their spouses, and their qualified dependents can receive free legal aid from the Illinois Armed Forces Legal Aid Network.  You can call them at (855) 452-3526.

Last full review by a subject matter expert
September 12, 2023
Last revised by staff
September 22, 2023

Worried about doing this on your own?  You may be able to get free legal help.