Interstate Divorces: What You Need to Know

September 15th, 2025 by Tiffany Hughes

Filing for divorce in Illinois when your spouse resides in another state can seem complicated, but it’s absolutely possible. Understanding what jurisdiction means and how jurisdiction works across state lines is crucial in making sure your divorce proceeds smoothly, especially if there are children or marital assets involved in multiple states. Let’s explore the answers to some common questions about interstate divorce and jurisdiction under Illinois law.

How Do I File for a Divorce If My Spouse Lives in Another State?

If you live in Illinois and want to file for divorce, but your spouse resides in a different state, you can still file in Illinois. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), as long as you have been a resident of Illinois for at least 90 days, you are eligible to file for divorce in the state. The key factor here is your residency, not where your spouse resides

How Do I Know Which State Has Jurisdiction Over My Divorce?

Jurisdiction is the legal authority a court has to make decisions in a case. For example, in an Illinois divorce, the State of Illinois must have jurisdiction over the marriage. If both spouses live in different states, the court where one spouse resides, or where the marriage took place, may have jurisdiction. For interstate divorce, it’s important to consider the residency requirements for each state and whether the court in that state has the authority to rule on your case.

What Should I Do If I Can’t Find My Spouse to Serve Them Divorce Papers?

If your spouse is living in another state and you’re having trouble serving them divorce papers, you may need to pursue alternative methods of service. In some cases, the court can approve service via publication, meaning an ad will be placed in a local newspaper where your spouse last resided. If service by traditional methods (such as personal delivery) isn’t possible, an attorney can help you determine how to proceed.

Residency Requirements for Illinois 

To file for divorce in Illinois, you must have lived in the state for at least 90 days before filing the petition. If your spouse lives in another state, it’s the residency requirements for Illinois that matter, not your spouse’s location. This means you don’t have to worry about whether your spouse is in Illinois, just that you meet the 90-day residency requirement.

What Is Interstate Divorce?

Interstate divorce refers to a divorce where the spouses live in different states. This can involve complex legal issues regarding jurisdiction, asset division, and child custody. Understanding which state has jurisdiction over the divorce and any related issues is critical. It’s essential to know the rules of both states to ensure the divorce is handled correctly and fairly.

Does It Matter Who Files First in an Interstate Divorce?

In interstate divorce cases, it often does not matter who files first. Both states will typically have jurisdiction over the parties, and the court will work out where the divorce should proceed. However, the first spouse to file might gain a slight advantage, especially if they file in the state that is more favorable to them or their case. Consulting with an attorney can help you understand whether filing first would be beneficial in your specific situation.

Should I File My Divorce in the State My Children Live In?

If you and your spouse have children together, you might wonder whether it’s better to file in the state where the children live. The answer often depends on the child’s custody and jurisdictional rights. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the state where the child has lived for the last six months generally has jurisdiction over custody issues. Filing in the state where your children live may help streamline any decisions about custody and interstate custody rights. 

Interstate Custody Rights

 When it comes to interstate custody rights, the court will typically defer to the child’s home state under the UCCJEA. This means that if your children live in another state, that state will likely have jurisdiction over custody decisions. If you are involved in a divorce with a child, it’s essential to understand the custody rights in both states and how they impact your case.

Marital Assets in Multiple States

Dividing marital assets in multiple states can complicate an interstate divorce. If you and your spouse own property in different states, each state may have laws that affect how those assets are divided. The court may need to assess whether those assets are considered marital property under each state’s laws and how they should be distributed. A detailed Marital Settlement Agreement will be crucial to ensure the fair division of assets across state lines.

How Non-Marital Property Becomes Marital Property in Interstate Divorces

In some cases, non-marital property can become marital property in the course of an interstate divorce, especially if the property has been commingled with marital funds. Understanding how non-marital assets and marital assets are treated in divorce can help avoid complications, particularly when property is held in different states. Property laws vary by state, and an attorney can help determine whether and how your assets will be divided across state lines.

Dealing with an interstate divorce can be complex, especially when jurisdiction, custody, and asset division cross state boundaries. It’s important to understand the legal landscape of both the state you live in and the state your spouse resides in. Working with an experienced family law attorney who understands the Illinois Marriage and Dissolution of Marriage Act and how it interacts with other states’ laws can help ensure a fair and efficient process.

Need More Information or Representation?

If you are getting a divorce, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce, who is navigating an interstate divorce, who is seeking guidance on jurisdiction in Illinois divorce cases, who is dealing with issues related to interstate custody rights and marital assets in multiple states, who needs help understanding how to file for divorce when their spouse lives in another state, or who needs assistance in handling situations where you can’t find your out-of-state spouse to serve them divorce papers.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

—

This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.