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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

Elmhurst | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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DuPage County Interstate Divorce Attorneys

DuPage County international divorce child custody lawyers

Lawyers for Jurisdictional Issues in Illinois Family Law Matters 

People from all of over the country and around the world move to the greater Chicago area for a variety of reasons. Some come for educational or professional opportunities, while others are simply looking for the experience of living in one of the most famous cities on the planet. Of course, not everyone who moves into the region stays forever, including those who have gotten married here and started a family.

At Wakenight & Associates, P.C., we know how challenging it can be to manage a divorce or other family law dispute when the other party no longer lives in Illinois. Fortunately, we are equipped to help you handle the avalanche of legal issues that may arise in such a situation.

Residency Requirement for an Illinois Divorce

If you have lived in Illinois continuously for the last 90 days, you meet the residency requirements for filing a divorce in the state of Illinois, regardless of where your spouse lives. Your petition should be filed in the circuit court of the county where you live. Because you meet the residency requirements, the Illinois court has the jurisdiction to decide on your divorce, including issues regarding your children. It will likely be up to you, however, to arrange for your spouse to be served with the divorce papers wherever he or she is currently living.

It is possible that your spouse might file for a divorce in another state instead of agreeing to have the case heard in Illinois. In such a situation, that state's court could refer the proceedings back to Illinois.

Property Concerns in an Interstate Divorce

The skilled lawyers at Wakenight & Associates, P.C. have more than 95 years of combined family law experience. With our background and knowledge of the law, we understand that an interstate divorce can present a variety of challenges in regard to the distribution of marital property. For example, Illinois courts use the principles of equitable distribution to divide marital property during a divorce, and Illinois courts have jurisdiction over assets held within the state. An Illinois court, however, does not have jurisdiction over property in another state. As a result, enforcement of property division orders can be difficult. 

In such cases, an Illinois court may be able to exercise its jurisdiction over your spouse to get him or her to comply with the terms of your divorce settlement. However, if your spouse is not under the personal jurisdiction of Illinois, you may need to consider a separate legal filing in the state the property is located in order to divide out of state property and settle other issues. Our team will work hard to develop creative solutions that ensure you have the resources you need to start building a happier, healthier future. 

Child-Related Matters Across State Lines

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), each state must recognize and enforce child-related court orders issued in other states. Such orders include custody arrangements, parenting plans, and orders for child support. Our attorneys can help you develop a plan regarding your children that is reasonable, easy to understand, and enforceable by the courts both in Illinois and the state where the other parent resides.

Trusted Divorce Attorneys in Northern Illinois

An interstate divorce is rarely easy, but our team of experienced attorneys is equipped to provide the guidance and representation you need throughout the process. To learn more about how we can help you, contact our office. Call 630-528-0734 to schedule a free consultation and case review today. Our firm serves clients in Elmhurst, Oak Brook, Villa Park, La Grange, Lombard, Addison, Western Springs, Hinsdale, Burr Ridge, Wood Dale, Rolling Meadows, Kane County, DuPage County, and the surrounding areas.

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