Certain marriage laws are in place when you tie the knot, and these differ from state to state. You need to make sure that you file all paperwork correctly and take all of the right legal steps under your own local laws.
However, travel between states is easier now than it has ever been in American history. Many people travel across the country to seek new jobs or educational opportunities.
You and your spouse may be thinking about getting a divorce, but you don’t live anywhere close to your home state. You moved years ago. Do you have to travel back to the state where you got married just so that you can end that marriage in the same court system?
Residency requirements
Typically, there is no requirement to return to your home state. You can simply get divorced in the state where you live now. If you got married in New York 10 years ago and now you live outside of Chicago, you can just get divorced in Illinois.
However, states do have residency requirements, meaning that you have to have lived in the state for a specific amount of time before you are eligible for a divorce. In Illinois, this has been set at 90 days. Either you or your spouse must have lived in Illinois for roughly three months before you can file.
Even if you meet the residency requirements, divorce can be complex. Be sure you are well aware of your legal options and all of the steps you will need to take during the divorce.