Does Venue Matter in an Illinois Divorce?

 Posted on April 08,2016 in Divorce

While the process of divorce can be quite complicated and, at times, overwhelming, filing the petition for divorce is relatively simple. With the help of an attorney, it is often even easier, but you will still need to decide where to file your petition so that the divorce proceedings will be held in the appropriate venue.

Where to File

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), proceedings for divorce should take place in the county where either you or your spouse currently reside. However, you are free to file your petition in any county of your choosing. If you decide to pursue a divorce in a county other than your county of residence or that of your spouse, you will need to file a motion with your petition explaining why you chose an alternate location. For example, if, following your separation, your spouse moved to DeKalb County while you continued living in DuPage County, but you both work in Kane County, it might be reasonable for your divorce proceedings to be held in Kane County.

Objections to a Selected Venue

It is also important to understand your rights in the event that your spouse files a petition for divorce first. If he or she has chosen a venue that you feel is unsuitable, you must raise your objections immediately in your initial response to the petition. You cannot wait until a judgment is issued to decide that the proceedings should have taken place in another county. In objecting to the choice of venue, you should be prepared to show why the chosen venue is inappropriate and offer a more fitting alternative.

No Jurisdictional Issues

The IMDMA also provides that venue is not jurisdictional. This means that, while selecting the appropriate venue is necessary for scheduling and administrative purposes, there is no difference in the authority of one county’s court compared to that of another county. Divorce proceedings must be handled in accordance with state law, giving courts in any county equal jurisdiction over any divorce case filed in Illinois.

Hardworking Divorce Attorneys in Lombard

If you are thinking about a divorce and have questions about any part of the process or your rights under the law, contact an experienced DuPage County family law attorney. At A. Traub & Associates, we know how complex divorce can be, and we will help you find the answers you need to make informed decisions. Call 630-426-0196 to schedule a confidential consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0