Can I file for divorce in Illinois if my spouse lives in another state?

Walter Jackowiec, Illinois managing attorney | Marble Law

Walter Jackowiec III

Illinois managing attorney at Marble Law

Published January 1, 2025 · 3 min read

Key Takeaways

As long as you meet the 90-day residency requirement, you can file for divorce in Illinois if your spouse lives in another state.
Active military personnel who have been stationed in Illinois for a minimum of 90 consecutive days may also file for divorce in the state if their spouse lives in another state.
If your spouse moved out of state in an effort to try to hide from the divorce case, it may take more effort, time and money to serve them the divorce papers.

Divorce can get tricky if the spouses live in different states. However, if your spouse lives in another state, you can still file for divorce in Illinois as long as you have residency there. It all comes down to: Have you lived in Illinois for at least consecutive 90 days before you file? If so, you can start the divorce process.

The same holds true if you’re an active member of the military. If you are and you’ve been stationed in Illinois for a minimum of 90 consecutive days, then you can file for divorce in the state, even if your spouse moved to a different state.

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Is divorce more difficult if my spouse lives out of state?

Problems may arise if the spouses in a divorce do not live in the same state.

Most of the time a couple will live in Illinois, and then one spouse may move out of the state when they suspect a possible divorce in an effort to try to “hide” from having to pay spousal maintenance and or child support. This typically doesn’t work, as that spouse can be served the divorce papers in the state they have moved to and be required to respond to the Illinois divorce.

However, it may take more effort for the person filing for divorce to serve the papers. They may need to pay a service processor more money, since they may have to travel farther and possibly try various addresses.

If you still cannot locate your spouse, you may be able to use service by publication. In this situation, the spouse who filed for divorce in Illinois pays a local newspaper to publish a notice about the divorce. Before doing this, you need a judge to sign a court order saying that you may proceed.

If you can serve the papers and your spouse responds, it may still be worth it to try to negotiate with them. Remember, if you can reach an agreement on even a few terms of your divorce, it will mean less time in court—or perhaps no trial. That will save you money and time in the long run. However, if your spouse moved out of state, they may purposely make meetings for meditation or other alternative dispute resolution methods more difficult, dragging out the process—and costing you time and money.