As a flat-fee divorce lawyer in Lake County, I handle many uncontested divorces each year. Sometimes people ask “Can I get divorced in Lake County?”
It can be easy to start a divorce in at the Circuit Court of Lake County in Waukegan, Illinois. But you do need to know if you are allowed to get divorced in Lake County.
Therefore, I wrote this FAQ about who can get divorced in Lake County, Illinois.
Does it matter if we were married in Lake County?
When people call me about starting a quick and affordable uncontested divorce in Illinois, all I need to do is ask a few questions before quoting a flat-fee.
They ask “Does it matter if we were married in Lake County?” The answer to that: Yes, and no.
If you are a couple of opposite sex, one thing that’s not important is where people got married. It doesn’t matter if you were married in Lake County, Cook County, DuPage County, California, Michigan, Wisconsin, or anywhere else.
Long story short, if you are an opposite-sex couple, where you were married has absolutely nothing to with whether or not you can get divorced in Lake County, Illinois.
However, if you are a same-sex couple, whether are not you were married in Illinois is related to the ability to get divorced in Lake County. In fact, if a same-sex couple was married in Illinois, they can get divorced in Lake County regardless of their current residence in another state, or country . . . but more on that later.
Do we have to live in Lake County?
To get divorced at the Circuit Court of Lake County, in Waukegan, at least one of the parties must live in Lake County, Illinois.
It doesn’t matter if that’s the person who filed the case, or the other person.
Do we have to live in Illinois?
For opposite-sex couples . . .
At least one person has to have lived in Illinois for at least 90 days continuously preceding the filing of a dissolution of marriage (“divorce”).
At least one person has to have lived in Illinois for at least 90 days continuously preceding the filing of a dissolution of marriage (“divorce”).
At least one person has to have lived in Illinois for at least 90 days continuously preceding the filing of a dissolution of marriage (“divorce”).
In other words, if both people live outside of Illinois, one of them cannot simply come to Illinois for a week-long vacation and get divorced later in the week.
It does not matter if the person who filed the case lives in Illinois, or the other person – it can be either. However, the rules are different for same-sex couples.
For same-sex couples . . .
It doesn’t matter if both people live outside of Illinois. The reason for this is simple. Illinois recognizes same-sex marriage. Some other states do not. Therefore, the Illinois legislature decided it was appropriate to allow same-sex couples to get divorced in Illinois so long as the marriage was formed in Illinois.
What if I’m in the military?
There are special rules for those in the military. Obviously, members of the armed forces travel. So where can they get divorced?
Members of the armed forces are considered – for the purposes of divorce – to reside in Illinois if a) they are based in Illinois, and temporarily serving elsewhere, or b) their civilian home is in Illinois – regardless of where they are currently serving.
For example, let’s say at least one spouse in a couple is serving in the Air Force at Ramstein Air Base in Germany, and the couple lives in Germany. If before being stationed in Germany the couple lived in Illinois, one of them could file a divorce case in Illinois.
If you’re living situation is complicated, it’s best to consult a divorce lawyer to determine whether or not you meeting Illinois’ residency requirement for starting a divorce case.
How is a divorce started in Lake County?
Now that you have an idea whether or not you can get divorced in Lake County, you may want to know how to start a divorce.
As an uncontested divorce lawyer in Lake County, I offer a flat fee for my services – and that includes the court costs for both people. I try to keep it simple. If you want some tips about uncontested divorce, check out this article.
Starting a divorce in lake county is as easy as contacting me and letting me handle the process. Many times it only takes a month or two (it depends on the court’s schedule).