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Divorce and Moving Out of Illinois

 Posted on February 22, 2017 in Divorce

Lombard divorce lawyerA divorce can complete reshape a person’s life. In addition to possibly forcing you to live off a single, your divorce may also create concerns regarding child custody disputes, alimony payments, and the challenges of finding a new place to live.

Separated spouses may live in different states, or one spouse may wish to move out of state after the proceedings. If you or your former spouse plans to leave the state, there are several factors to consider. Depending on the circumstances, it may be necessary to postpone the move.

Moving Before and After Filing for Divorce

Before a person can file for divorce, he or she must meet certain residency requirements so the courts can establish appropriate jurisdiction. Residency requirements may vary from state to state. In Illinois, at least one spouse must be a resident for a minimum of 90 days before filing the petition for the dissolution of marriage.

In any divorce situation, both spouses are free to leave the state, but they should consider some practicalities before they do so. It is often beneficial to stay remain in Illinois until the proceedings are complete and the judgment is finalized. Your divorce may require frequent court appearances or in-person consultations with your attorney, so living some distance away may complicate matters. You may want to consult a divorce attorney before committing to an out-of-state move.

Divorces Involving Children

If you have children, moving out of state during your divorce is much more difficult, and may be even be prevented by the court. In fact, any move over 25 miles from a home in the six counties that are generally associated with the city of Chicago—Cook, DuPage, Kane, Lake, McHenry and Will County—must be approved in advance by the other parent or the court. If you currently live outside of those six counties and wish to move within the state, any move over 50 miles must be approved. No matter where in Illinois you currently live, if your out-of-state move exceeds 25 miles, approval will be required.

In the event that other spouse objects to the proposed move, the spouse who desires to relocate must offer proof to the court that the new location is beneficial to the well-being of the children. If the location does not offer an improvement for the children, the judge may deny the move.

If you plan to move out of state—whether or not you have children—contact an experienced family law attorney in Lombard. At A. Traub & Associates, we are committed to helping families as they go through the difficult process of divorce. Call 630-426-0196 for a confidential consultation at any of our three office locations today.


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