How Do You Deal with a Two-State Divorce?

 Posted on August 15, 2024 in Divorce

As if divorce is not complicated enough, if a couple is facing a two-state divorce, those complications will increase significantly. Why would a couple have a two-state divorce? Perhaps you and your spouse are having marital problems, and you have split up until you decide whether a divorce is the right move. Your husband moved in with his parents, who live in Wisconsin. Time has passed, and a divorce is imminent; now you are unsure of which state’s divorce laws apply and how you would respond if your husband files in Wisconsin.

It is true that special rules and procedures apply to a two-state divorce. You should immediately consult a skilled Rolling Meadows, IL divorce attorney with experience in complex divorces. Choosing Law Offices of Donald J. Cosley is one of the best steps you can take. Attorney Don Cosley will fight for your future, working hard to achieve the best outcome possible.

How Could State Residency Requirements Affect Where I File?

If you and your spouse lived in Illinois for most of your married life, but he has been living in Wisconsin for the past few months, you will need to carefully consider marital asset distribution laws and residency requirements in each state. In Illinois, the residency requirement is only 90 days, but Illinois requires spouses to live apart for six months prior to filing for divorce. In Wisconsin, filing spouses must live in the state for at least six months. If your husband meets Wisconsin residency requirements, and you want your divorce to stay in Illinois, you must file before he does.

Why Should I Be Concerned About Asset Distribution Laws in Each State?  

If you expect your spouse to try to avoid giving you a fair share of the marital assets, the differences between community property states and equitable division states could make a difference. Wisconsin is one of only a few states that still operates under community property law. This means that regardless of any extenuating circumstances, all marital assets will be divided right down the middle.

Your husband in Wisconsin might benefit from this law if he has earned very little of the marital assets.  Equitable division states, like Illinois, divide marital assets fairly between the spouses. This may or may not equal a 50/50 split. So, depending on the current state of your marital assets, this could be a significant factor in whether you should file immediately in Illinois or wait for your husband to file in Wisconsin.   

How Will the Allocation of Parental Responsibility Be Affected by a Two-State Divorce?

In the state of Illinois, your children must have been residents of the state for at least the last six months for the court to make custody decisions, and Wisconsin is the same. Regardless of the issues you will face determining where to file for divorce, you also have to consider the logistics of the situation after custody is determined. Will one parent live far enough away from the other to make visitation challenging?  

In the example above, could the court require the father living in Wisconsin to move back to Illinois so the children could visit him more frequently?  If he remains in Wisconsin—or any other state—what if you are ordered to pay travel costs for your children to visit him? Could you afford a burden like this? Perhaps you have family members who watch your children, or there are exceptional schools in your area. This could help make your case for filing in Illinois, assuming your children have been living with you during the split.

Contact an Arlington Heights, IL Divorce Lawyer

While each divorce is unique in some way, those with obvious hurdles or complications must be handled properly to avoid setbacks that could impact your life for years to come. When you have a Rolling Meadows, IL divorce lawyer who understands how to respond to complex divorces, you will benefit. Attorney Don Cosley personally handles all aspects of his cases and will never hand you off to a paralegal or other firm employee. Contact Law Offices of Donald J. Cosley at 847-253-3100 to schedule your free consultation.