If you are thinking about filing for divorce, you probably realize that you will need to file your petition at the county courthouse. For many people, however, there are questions as to which county is appropriate. According to the law in Illinois, there are specific guidelines for choosing the right venue for your divorce, but you may have several options.
The Illinois Marriage and Dissolution of Marriage Act provides that the proceedings for a divorce in Illinois should be held “in the county where the plaintiff or defendant resides.” If you and your spouse both live in Kane County, then your divorce, barring unusual circumstances, should take place in the circuit court of Kane County. If you live in Kane County but your spouse has moved to DuPage County, your divorce could be handled by the court of either county. In any case, a county court judge may direct your process to any other county in the state as needed.