Urbana, IL asked in Divorce for Illinois

Q: If I live in Illinois and my spouse lives in Ohio, which state do I file in? We haven't lived together for over 2 years

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3 Lawyer Answers

A: You can file for a dissolution of marriage in Illinois.

A: Your question cannot be answered properly because you have not provided enough facts. You can definitely get a divorce in IL, but that is all you can get. The IL court may no jurisdiction to order him to divide property or pay anything to you unless he agrees to waive the lack of jurisdiction. Did the two of you always live in IL, and he moved to OH, or did the two of you always live in OH, and you moved to IL? You would be wise to consult with a qualified divorce attorney in IL.

A: Which state has jurisdiction over both of you? Did the two of you live in OH, and you moved to IL? Or, did the two of you live in IL, and your spouse moved to OH? If your spouse has never lived in IL, then you might be wise to file in OH, depending on your need for personal jurisdiction of your spouse.

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