Importance of Filing First in Out-of-State Divorce

 Posted on December 16, 2017 in Divorce

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.

State Differences

The spouse who files for divorce first has an advantage by determining which state the divorce will be held in. Each state has its own divorce laws and tendencies of its courts. The initial dissolution of the marriage will likely be similar because all states offer no-fault divorce. However, the way a divorce is settled can vary because states have different:

• Formulas for determining child and spousal support;
• Preferences when determining parenting time and responsibilities; and
• Requirements for dividing marital property.

At a Disadvantage

An out-of-state divorce can be costly and inconvenient for the non-resident spouse. While negotiations can be done via teleconference, the non-resident spouse will need to travel for any court dates related to the case. Modifications after the divorce also must be made in that state, as long as one of the spouses remains a resident. The non-resident spouse will need to hire an attorney who practices in that state and is familiar with its divorce laws.

Out of State Divorce

Unless another state’s divorce laws are favorable to those in Illinois, you are better off being the first person to file for divorce in order to keep the divorce close to where you live. A Kane County divorce attorney at Goostree Law Group can help you get the process started. Schedule a free consultation by calling 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000