My Divorce was filed in a different county than where we live. Is that okay?

Illinois law (750 ILCS 5/104) says that divorces shall be filed in the county where either one of you lives. This is called venue. Sometimes divorces are filed in a different Illinois county where neither husband or wife lives- for example, if their lawyer has offices in that particular county.  I do not believe that this is a good practice unless the lawyer has the consent of his or her client because after all, this is not supposed to be about the lawyer. Even if a party to the divorce agrees to file in a different county, once there the judge can object and send you back where you belong.  If the judge doesn’t object, the other spouse (or their lawyer) can always object by way of a written motion, so long as it is done early enough in the case.  Unless there is a good reason for it, I have seen this “strategy” backfire which can end up costing money and precious time.

If your spouse has filed for divorce in a county in which neither one of you lives, and you don’t like it, give us a call sooner rather than later, to discuss your options. We are located in both Cook and in DuPage counties and can be reached at 630 250-8813. 

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Bankruptcy, Injury, Real Estate & Mediation