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Where Can I File for Divorce?

Venue and Jurisdiction in an Illinois Divorce

Your petition for divorce should be filed with the circuit court of the county where either you or your spouse resides. It does not matter what county or what state you were originally married in, as the appropriate venue for your divorce will generally depend on where you or your spouse are currently living.

In the practice of law, “venue” refers to the location where legal proceedings are held. Illinois law provides that the appropriate venue for a divorce case is, in most situations, the county in which at least one of the spouses resides. The proper “venue” is different from the idea of “jurisdiction,” which refers to a particular court’s authority over the subject matter of the case and the parties. Every county court in Illinois has the appropriate jurisdiction to hear a divorce case involving at least one Illinois resident, but the ideal venue is often in question.

When you file your divorce petition, you have the right to choose the county where you want the proceedings to be held. Your spouse, however, has the right to object to your choice, especially if you choose a county where neither party lives. The court has the authority to transfer the proceedings to any other county deemed to be appropriate.

At Anderson & Associates, P.C., we recognize the importance of choosing the right venue for your divorce. Each county often has slightly different processes and requirements for divorce, and we can help you understand your rights and obligations. If you move to a new city or county after your divorce is finalized, our experienced family law attorneys can help get your case transferred so that you can deal with post-decree matters more easily.

Call 630-653-9400 Today

To learn more about choosing the right county for your divorce, contact our office. Call 630-653-9400 to schedule a free, no-obligation consultation with one of our seasoned divorce lawyers today. We represent clients in Wheaton, Warrenville, Winfield, Carol Stream, Downers Grove, and the greater Chicago area.

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400 S. County Farm Road, Suite 140
Wheaton, Illinois 60187
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Schaumburg, IL 60173
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Chicago, Illinois 60602
15255 West 94th Avenue, Suite 201
Orland Park, IL 60462
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