Can You Get Divorced in Illinois if Your Spouse Lives in Another State?

 Posted on August 26, 2026 in Family Law

Living in different states can make a divorce more complicated before the case even begins. You may wonder where to file or whether your spouse must return to Illinois for the divorce to move forward.

You can get divorced in Illinois even if your spouse lives in another state, as long as Illinois has the legal authority to handle the case. If you are preparing for a divorce in 2026, a DuPage County, IL divorce attorney can help you determine where to file and how your spouse's move may affect the process.

How Long Do You Have to Live in Illinois Before Filing for Divorce?

According to 750 ILCS 5/401, either spouse must have been a resident of Illinois for at least 90 days before the court enters the divorce judgment. A member of the armed services who has been stationed in Illinois for 90 days also meets this rule. This means your spouse does not have to live in Illinois for you to get divorced in the state.

Keep in mind that where you got married is not what determines the residency requirement. A couple who married in another state can still divorce in Illinois when the residency requirement is met.

How Do You Serve Illinois Divorce Papers on a Spouse in Another State?

Your spouse must receive proper notice of the divorce case even if they no longer live in Illinois. You cannot skip this step simply because your spouse has moved.

Illinois law allows a person to be served with a summons outside the state. Service can be completed by a person who is at least 18 years old and is not part of the case. Once they have been officially served, proof of the time and place of service must then be filed with the court.

Problems can arise when you do not know where your spouse lives, or if your spouse is avoiding service. Tell your attorney as soon as possible if you expect trouble locating or serving your spouse, as different notice rules may apply in those situations.

Can an Illinois Court Handle Financial Issues With an Out-of-State Spouse?

The power to end a marriage is not always the same as the power to enter financial orders against a spouse who lives in another state. For some financial matters, the Illinois court needs legal authority over that person before it can enter certain orders that affect them.

Under 735 ILCS 5/2-209, an Illinois court may have authority over an out-of-state spouse in situations such as:

• The couple had their marital home in Illinois.

• The out-of-state spouse owns or uses real estate in Illinois.

• The out-of-state spouse has other contacts with Illinois that give the court authority under state law.

It is best to address jurisdiction early when spouses live in different states, as this can affect how financial issues will be handled in your divorce case. 

What Happens if Your Children Live Outside Illinois?

Parenting issues follow separate rules from the divorce itself. An Illinois court may have the authority to end your marriage without having the authority to make decisions about parental responsibilities.

In Illinois, for an initial parenting case, the child's "home state" is usually the state where the child lived with a parent for at least six months before the case began. Special rules apply to children younger than six months.

If your children recently moved to another state, the timing of the move may affect the case. However, Illinois may still qualify as their home state if they left within the past six months and a parent continues to live in Illinois.

What if Your Out-of-State Spouse Ignores an Illinois Divorce?

Moving to another state does not give a spouse the power to stop an Illinois divorce by refusing to participate. Once proper notice has been given, the case can continue even if the other spouse does not respond.

The court may eventually enter a default judgment when a spouse fails to take part in the case. However, you still need to follow the required court procedures and provide the information needed to support the orders you are asking the judge to enter.

An out-of-state divorce can come with extra challenges in these situations. Addressing those issues with your attorney can help avoid problems with where the case was filed or how the other spouse was served.

Talk to a DuPage County, IL Divorce Lawyer About an Out-of-State Spouse

Divorce can become harder to manage when you and your spouse live in different states. It is important to know whether you can file in Illinois and how this may affect your family.

The attorneys at Mevorah & Giglio Law Offices can help guide you through your divorce and the steps you need to take. With more than 175 years of combined experience, our large law firm emphasizes personalized service and regular communication with clients. Call 630-932-9100 to schedule a free consultation with a Lombard, IL family law attorney.