Can My Spouse Move to Another State and File for Divorce?

 Posted on June 12, 2025 in Divorce

When a marriage breaks down, one spouse may move out — sometimes out of the county, sometimes out of Illinois entirely. If your spouse has already left or is threatening to move to another state to file for divorce, you might be worried about where the case will be heard and how much control you will have. 

As of June 2025, Illinois family law still requires that certain conditions be met before someone can file for divorce in the state, and the same is true in other states. Whether or not your spouse can legally move and file elsewhere depends on a few key factors. Our Mt. Prospect, IL divorce attorney is here to help you understand how jurisdiction applies to your case. 

Can Someone File for Divorce in a State They Just Moved To?

A person cannot simply move to a new state and file for divorce immediately. Every state, including Illinois, has residency requirements. In Illinois, a person must live in the state for at least 90 days before filing for divorce. Most other states have similar rules, and some are more restrictive. For example, Florida requires six months of residency before someone can initiate a divorce case there.

If your spouse moves to another state but does not meet that state’s residency requirement, any divorce filing they submit could be dismissed for lack of jurisdiction.

If My Spouse Files Elsewhere, Will the Out-of-State Court Have Jurisdiction?

Possibly, but not automatically. Jurisdiction in divorce cases involves two separate questions: whether the Court has authority over the marriage, and whether it has authority over both spouses and any children involved.

If your spouse has lived in the new state long enough to meet its residency requirement, that Court likely has jurisdiction to grant a divorce. However, if you and your children still live in Illinois and have not had meaningful contact with the other state, the Court there may not have jurisdiction to make decisions about property division, child custody, or support. A Judge in another state cannot order you to appear or divide your Illinois property unless that state has personal jurisdiction over you.

In practical terms, this means your spouse may be able to get divorced elsewhere but may not necessarily be able to resolve all issues there. You could file a motion to dismiss the out-of-state filing or argue that Illinois is the proper venue.

Can I Stop My Spouse From Moving to Another State with My Child?

In most cases, you cannot stop your spouse from moving to another state alone. However, you may have options if the move would affect your parenting time or your child’s quality of life. Under Illinois law, a parent who has parenting time (also known as visitation) cannot relocate more than 25 or 50 miles from their current residence, depending on where they live, without permission from the other parent or the Court.

If your spouse plans to move with your child, you can petition the Court to block the relocation or ask for a modification of custody. If the move has already happened and you were not notified, the relocating parent may be in violation of a Court order.

What Should I Do if I Am Worried About Jurisdiction in My Divorce Case?

If your spouse has left Illinois and you believe they may file in another state, it is critical to speak with a family law attorney quickly. Filing first in Illinois, if you meet the residency requirement, can establish local jurisdiction and prevent a legal battle over venue. A timely filing may allow the Court in Northwest Cook County to take control of the case before another state Court does.

If there is a fight about jurisdiction, Judges tend to favor the jurisdiction where the couple last lived together, especially if the children are still in that location, the family home is located there, and most marital property remains in-state.

Contact a Mt. Prospect, IL Divorce Attorney

If your spouse has left the state or is threatening to file for divorce elsewhere, you still have rights. An experienced Northwest Cook County, IL divorce lawyer can help you understand your options and take quick action to protect your interests. Contact The Law Office of Nicholas W. Richardson, P.C. at 847.873.6741 to schedule a free consultation.