In What County Will My Illinois Divorce Be Heard?

 Posted on August 02,2016 in Divorce

In Illinois, an individual who wants to file for divorce must file the Petition for Dissolution of Marriage and summons to serve his or her spouse with the circuit court of the county in which he or she resides. Further, in order to file for divorce in Illinois at all, the individual must have resided in the state for at least 90 days. The filer's residency is what determines where the county in which the divorce proceedings are held and if the couple resides in different counties, a dispute can arise regarding where the proceedings can be held. If you are served with divorce papers and you would prefer to have your case handled in your home county, rather than your partner's home county, you may state this desire in your response to the divorce petition. Although you can request a change in venue, you are not guaranteed to have your request fulfilled. Talk to your lawyer about the possibility of changing your divorce's venue and its effect on your divorce.

Certain aspects of your divorce settlement are tied to specific counties, though - for example, issues related to your parenting time and child support arrangements. Under the Uniform Child Custody Jurisdiction and Enforcement Act, divorce decisions involving a child must be made in the county where the child has lived for at least six months.

Why Would I Change My Divorce's Venue?

At first, it might not seem like it would make a difference where your divorce is handled. After all, the courts are held to the same laws regarding divorce proceedings, so why should it matter if yours is handled in Kane County versus Cook County or DuPage County?

Sometimes, courts or individuals within them can have biases and you might want to avoid working with a biased court. A particular court might gain a reputation for ruling a certain way or you might have a personal connection to an individual, such as a judge or clerk, that you feel would have an impact on how your case is handled. If you have previously worked with a particular court and had a poor experience, you might also want to seek a new venue for your divorce.

Your reason for wanting to change your divorce's venue could be totally unrelated to the court itself. For example, if you recently moved, you might want to avoid a far commute to your former partner's home county to handle the divorce proceedings. You might also be physically unable to get to that court, either due to a lack of reliable transportation or a physical injury. Discuss your concerns with your lawyer to determine the right court to handle your divorce and how you can have it moved to that court, if possible.

Work with a Kane County Divorce Lawyer

If you are considering filing for divorce in Illinois, consider working with a member of our team of experienced Kane County divorce attorneys at The Goostree Law Group. Contact our firm today to schedule your initial legal consultation with us.

Sources:

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/CourtForms.aspx

http://www.uniformlaws.org/ActSummary.aspx?title=Child%20Custody%20Jurisdiction%20and%20Enforcement%20Act