Long periods of separation can precede a couple’s decision to divorce. Spouses might obtain a legal separation or simply choose to try living apart before they decide on divorce. The separation will have little effect on the divorce process if the spouses live in the same area. In fact, it can make the dissolution of the marriage easier because Illinois presumes irreconcilable differences when a couple lives apart for at least six months. However, living in a different county or state changes where a spouse is allowed to file for divorce. The location of a divorce case can influence how it is settled.
Residency Requirements
Spouses can file for divorce in any state, as long as one of them is a permanent resident. Each state has a residency requirement in order to qualify to file for divorce there. For instance, Illinois requires a person to live in the state for 90 days. When each spouse qualifies for residency in a different state, the divorce hearings will take place in whichever state the divorce is first filed in. If the other spouse files for divorce in his or her own state afterwards, his or her filing may be dismissed because there is already an active divorce case.