As a DuPage county divorce lawyer who offers uncontested divorce services for a flat fee, people ask me “Can I file for divorce in DuPage County?”
The answer? It depends. Check out the below requirements for getting divorced in DuPage County. You need to worry about a couple different waiting periods, and residency.
One person must live in DuPage County, Illinois
The most basic requirement for getting an divorced in DuPage County is that either you or your spouse must be a residence of DuPage County for 90 days continuously proceeding you filing for divorce.
That means you can file for divorce in DuPage County even if you don’t live there – so long as your spouse does. Or vice versa.
What does “continuously” mean? It doesn’t mean you can’t leave Illinois at all for the 90 days leading up to your divorce. It just means you can’t be a resident of another state during that time.
So who is a resident? If you intend to permanently reside in DuPage County, and have a place there, you are a resident. You can only have one residence at a time. If you live in Illinois, but are transferred to work temporarily in Texas, you are still an Illinois resident. If you are in the military and your base is in Illinois, but you are serving overseas, you can still be a resident of Illinois.
If you are out of state and think your spouse might live in DuPage County, you might want to reference Wikipedia’s DuPage County page. If you want a divorce in DuPage County, you need to make sure you or your spouse actually lives in that county – because some of the cities and townships are split between DuPage County and another county, such as Will County (I also represent Will county residents).
Townships in DuPage County:
- Downers Grove Township
- York Township – 124,553
- Milton Township – 118,616
- Lisle Township – 117,604
- Bloomingdale Township – 111,709
- Addison Township – 88,900
- Naperville Township – 85,736
- Wayne Township – 63,776
- Winfield Township – 45,155
Cities in DuPage County:
- Aurora – lies mostly in Kane, lies partly in Kendall and Will counties
- Batavia – lies partly in Kane County
- Chicago – lies mostly in Cook County
- Darien – a small part lies in Will County
- Elmhurst – a small part lies in Cook County
- Naperville – lies partly in Will County
- Oakbrook Terrace
- St. Charles – lies partly in Kane County
- West Chicago
- Wood Dale
- Bartlett – lies partly in Cook County
- Bensenville – a small part lies in Cook County
- Bolingbrook – lies partly in Will County
- Burr Ridge – lies partly in Cook County
- Carol Stream
- Clarendon Hills
- Downers Grove
- Elk Grove Village – lies mostly in Cook County
- Glendale Heights
- Glen Ellyn
- Hanover Park – lies partly in Cook County
- Hinsdale – a small part lies in Cook County
- Lemont – lies partly in Cook and Will counties
- Oak Brook – lies partly in Cook County
- Roselle – lies partly in Cook County
- Schaumburg – lies mostly in Cook County
- Swift – unincorporated area; Bloomingdale Township
- Villa Park
- Wayne – lies partly in Kane County
- Woodridge – a small part lies in Cook and Will counties
You meat the 6 month waiting period
If you want an uncontested divorce in Illinois, you will tell the court that you are getting divorced because of “irreconcilable differences” – that’s what some people call a “no fault” divorce.
When the grounds for your divorce are irreconcilable differences, and your spouse agrees to an uncontested divorce, a “waiting period” must be completed before you can actually finalize the divorce.
The waiting period starts wen you and your spouse begin living “separate and apart” and ends when the divorce is finalized in court.
But “separate and apart” does not mean what you might think. It doesn’t even mean you and your spouse have to live in separate residences – you can still share the same home.
If you are no longer living as a married couple, then you are living separate and apart. If you are living as roommates in the same home, you are living separate and apart. Even if you had sex now and then since your separation, you can still be considered to live separate and apart.
Getting a DuPage County divorce lawyer
Getting divorced can be quicker and more affordable than you might expect – and you don’t have to go it alone.