How long does it take to establish residency in a county?
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How long does it take to establish residency in a county?
My husband recently moved out of our home and is couch surfing with a friend in another county. How long does it take to establish his residency?
Asked on November 1, 2010 under Family Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
To prevent your case from being dismissed, all IL residency requirements must be met. There, however, appears to be no specific time limit for residency in the county in which the case will be filed (it can be filed in the county where either you or your husband reside). The statute provides as follows: The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 104 and 401)
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