What if My Spouse Moves Out of Illinois During Our Divorce? | Bloomingdale Divorce Lawyer
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
Mevorah & Giglio Law Offices
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

What if My Spouse Moves Out of Illinois During Our Divorce?

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

Naperville dissolution of marriage lawyer

In Illinois, marriage dissolution, or what is most commonly referred to as divorce, is the sole means by which a couple can legally terminate their marriage. The termination itself requires a judgment entered by the court, which a judge will issue after the couple agrees to the terms of the divorce. If the couple cannot reach an agreement, then a judge will decide the marital and child-related issues, including the allocation of parental responsibilities and other matters, such as division of property and assets or spousal maintenance (alimony). It is not unusual for one of the spouses to decide to move out of state while the divorce proceedings are going on. In some cases, circumstances such as a job transfer make the move necessary. In other scenarios, however, a spouse may decide to move in an attempt to get a better outcome or even contest the divorce. 

Challenging the Final Divorce 

Your spouse moving out of state during divorce proceedings should not prevent your divorce from becoming final. This is because once you meet the requirements for filing for divorce in Illinois, your divorce proceedings will continue until the divorce is made final by the court entering a judgment in your case.

It is the responsibility of the spouse who moves to make sure he or she attends or does what is required by the courts in Illinois to finalize the divorce. If a spouse fails to attend or to otherwise participate in the proceedings, then the spouse who stays will likely receive everything he or she asks for in the settlement, as long as the court is convinced he or she is entitled to it.

If your spouse moves out of state before your divorce is final and decides to contest the divorce, he or she may attempt to challenge the divorce in the other state. If this happens, do not worry, because he or she will likely not succeed. There are only two situations where your spouse may be able to succeed in challenging a final divorce in Illinois:

  • If he or she shows that somehow you did not meet the filing requirements for divorce in Illinois, including residency.

  • If he or she has proof that you did not provide adequate notice of the proceedings. The evidence in this case, is, in fact, your inability to show proof that you provided your spouse the required notice.

If neither of these two issues is proven by your spouse in the new state, then the final Illinois divorce judgment and orders will remain effective and enforceable.

Contact a DuPage County Contested Divorce Lawyer

At Mevorah & Giglio Law Offices, we have skilled lawyers who understand all aspects of family law, including divorce. Our attorneys have more than 200 years of combined experience representing clients in this area of law, and we are happy to help you go through the process seamlessly while fully protecting your rights. If you filed for divorce, and your spouse has moved out of state, you should seek professional legal counsel. Contact one of our experienced Lombard, IL divorce attorneys who can provide you with accurate information and assist you through the proceedings until the divorce is finalized. Call our office today at 630-932-9100 to schedule a free initial consultation.

Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

Latest Blog Posts


  • DuPage County Divorce Lawyers
  • Elite Lawyer
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from 3 offices in Lombard, Bloomindale, and Naperville.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted