Legal Question in Family Law in Illinois

How I can get a divorce

I have just recently moved to Georgia and wish to divorce my husband who resides in Illinois. The state law of Georgia is that you have to live here atleast 6 months before being able to file. I want to file now so can I file in the state of Illinois beings I've just moved from there a month ago? Please let me know what I can do. Thanks,

Deana


Asked on 10/12/04, 11:29 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: How I can get a divorce

Bear in mind that Georgia lawyers as a general rule can't advise you on Illinois law.

I did look up some general Illinois law online that would appear to suggest you may need to file in Georgia, but you need to ask an Illinois lawyer to be sure.

http://www.divorcesource.com/info/divorcelaws/illinois.shtml says: "RESIDENCY REQUIREMENTS AND WHERE TO FILE: The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides. [750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401].LEGAL GROUNDS FOR DISSOLUTION OF MARRIAGE: No-Fault: Irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or further attempts at reconciliation are impractical and the spouses have been living separate and apart without cohabitation for 2 years. (If both spouses consent, the time period becomes 6 months). [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401]. General: (1) Impotence; (2) adultery; (3) habitual drunkenness for 2 years and/or drug addiction; (4) conviction of a felony; (5) willful desertion for 1 year; (6) cruel and inhuman treatment; (7) attempted poisoning or otherwise endangering the life of the spouse; (8) infection of the other spouse with a communicable disease; and (9) bigamy. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401]."

Given that Georgia has a simple statute if things are uncontested, and you would not need to travel to Illinois, waiting a bit and filing here makes a lot of sense if the case would be uncontested.

If you live in the Atlanta area and need help when you near 6 months, call me at 404-768-3509 if you would like my assistance.

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Answered on 10/13/04, 7:47 am


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