Residency Requirements and Divorce Cases in Chicago – What You Need to Know about Meeting Jurisdictional Requirements under Illinois Marriage and Divorce Laws

One of the things that is challenging about divorce cases in Chicago is that they not only are often emotionally charged cases involving much controversy between the parties, but also because there are certain legal requirements that must also be met in order for a couple to get a decree of dissolution of marriage. Indeed, before filing for a divorce in Chicago, an individual seeking a Chicago divorce should understand the important jurisdictional requirements that are mandated by Illinois state laws, and codified in the Illinois Marriage and Dissolution of Marriage Act. But what exactly are “jurisdictional requirements” when it comes to a Chicago divorce case, and how can individuals in Chicago who are seeking a divorce meet these requirements? To help Chicago couples and individuals better understand this important criteria for a divorce in Chicago, we answer those questions here.

Jurisdictional Requirements in Chicago Divorce Cases

The legal principle of the jurisdiction of a court is an important initial piece of the Chicago divorce case puzzle. Jurisdiction is important because it essentially gives a court the authority to make decisions about the case. Jurisdiction is a term that refers to the authority of a court to hear a Chicago divorce case and make a decision, or order, about it. In a Chicago divorce case, the court must have both personal jurisdiction – that is, the court must have the authority to make decisions about a person or party in the case – and subject matter jurisdiction – the authority to hear the type of case that the party or parties have brought before it.

Establishing Jurisdiction in a Chicago Divorce Case – Your Requirements under Illinois Laws

Illinois marriage and divorce laws mandate how a party or parties can show that a court has jurisdiction over their Chicago divorce case. In order to prove that a Chicago court has jurisdiction over a divorce case, at least one soon-to-be ex-spouse must show that they have been a resident of the State of Illinois for at least 90 days prior to the commencement of the divorce action. As the Illinois Marriage and Dissolution of Marriage Act establishes that “The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action….” Accordingly, these important jurisdictional requirements must be met before a court can even get to the “nitty-gritty” of the divorce case.

If you are in the Chicago area and you need legal help with your Chicago divorce case, do not hesitate to speak to an experienced Chicago divorce lawyer about your case. The experienced Chicago divorce lawyers at the law firm Arnoux Sharma Standeford, LLC are here to help. Contact Arnoux Sharma Standeford, LLC today and speak to a lawyer about your case now.’

Source:
ilga.gov/legislation/ilcs/documents/075000050K401.htm