What does the 90-day rule require?
Section 401(a) of the Illinois Marriage and Dissolution of Marriage Act states the residency requirement in the alternative: before commencement of the action or before the findings. That distinction can matter after a recent move, but it should not be treated as permission to ignore other filing requirements.
Residency questions turn on actual circumstances, not just the address listed on a form. If your time in Illinois is temporary, you recently relocated, or military service is involved, discuss the relevant facts with counsel before deciding when and where to begin. Keep an accurate history rather than estimating dates.
Is residency the same as living separately?
No. Residency concerns a spouse’s connection to Illinois. Living separate and apart concerns the statutory presumption related to irreconcilable differences. Under section 401(a-5), six continuous months separate and apart immediately before judgment creates an irrebuttable presumption that this requirement is satisfied.
The six-month provision is not a universal rule requiring every couple to delay filing. Likewise, satisfying the residency requirement does not automatically resolve every issue necessary for judgment. Treat the two questions separately when reviewing forms or discussing your situation with an attorney.
Can you file in any Illinois county?
State residency does not mean that every county is equally appropriate for your case. Venue concerns the proper county, while jurisdiction concerns the court’s legal authority. Check applicable venue rules and local procedures rather than choosing a courthouse based only on convenience.
Contact the county circuit clerk for administrative filing information. Filing fees vary by county, and an application for waiver of court fees is available. The clerk can explain available forms and filing methods but cannot determine your legal strategy.
- List both spouses’ current locations and recent moves.
- Identify any pending divorce or related cases elsewhere.
- Gather existing support, parenting, or protection orders.
What if children or a spouse live elsewhere?
A court’s authority to end a marriage does not automatically answer whether it can decide all parenting or monetary questions. Children’s residence history and another state’s existing orders may require a separate jurisdictional analysis. Tell your attorney about every relevant state and case before requesting relief.
For a spouse outside Illinois, legally sufficient notice remains important. Do not assume an out-of-state address prevents divorce, or that Illinois residency alone settles service and personal-jurisdiction issues. Coordinating those questions early can help avoid filing documents that request relief the court cannot provide in the circumstances.
Frequently asked questions
+Must both spouses meet the residency requirement?
No. Section 401(a) requires the qualifying Illinois residency of one spouse. Other jurisdictional and notice questions may still need review.
+Does a new Illinois address prove residency?
An address may be relevant, but it does not necessarily resolve a disputed residency question. Be prepared to explain your living arrangements and move history accurately.
+Is legal separation a workaround for every residency issue?
No. Legal separation under section 402 is a distinct remedy with its own requirements and consequences. Discuss whether it fits your goals rather than assuming it substitutes for dissolution.
Sources
General information about Illinois law, not legal advice for your situation. Laws and local court practices change; confirm current requirements with the court or an attorney.