Legal Question in Family Law in Illinois

divorce jurisdiction

I have lived in NM for 6 months. Wife/kids live in IL. Wife just filed for divorce. Can I block her from filing there (2 years of separation requirement in IL?) and file in NM which will be more advantageous for me?


Asked on 12/29/08, 7:07 pm

2 Answers from Attorneys

John Steele Steele Law Firm

Re: divorce jurisdiction

Your wife can file for divorce here in IL and you cannot prevent her, especially since the child also lives here. You have no argument as to why it would be better to have a judge here dismiss the case.

You need to get a lawyer in IL, and handle the case she filed. Let me know if you have any further questions.

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Answered on 12/29/08, 11:30 pm
Motty Stone Law Offices of Motty Stone

Re: divorce jurisdiction

If you and your wife lived together in Illinois, then she will be able to file here. Since the kids live in Illinois, she will be able to get custody and probably child support under Illinois law. As for maintenance, that you might be able to avoid the Illinois courts depending on some more information, but I would suggest to you that it is a better idea to just get an Illinois lawyer and save yourself the hassle of moving between two courts.

Please feel free to give us a call if you have any questions.

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Answered on 12/30/08, 12:14 pm


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