In Which County Should Your Divorce Be Filed?

Some attorneys feel that DuPage County favors the spouse with less income compared to Cook County. Although I am not aware of any hard data tracking it, there is a perception that housewives get better awards of maintenance (“alimony”) in DuPage, which is considered a Republican county, compared to Chicago. Thus, in preparation for divorce some breadwinning DuPage County spouses will rent an apartment in Chicago so that they may file for divorce in Chicago. In a recent Illinois case, the court held that DuPage County was the proper forum for the divorce as the marital residence was in DuPage County and the wife and the children remained in DuPage County. Further, the husband maintained an apartment in DuPage County to facilitate his visitation with his children. The husband rented an apartment in Chicago, where he worked, a few weeks before filing for divorce. The wife argued, through her attorney, that it takes almost 2 hours to get to the Cook County court house from her home and she has to get the children to school in the mornings and the children have after-school activities in the afternoon. The husband argued, through his attorney, that he works near the Cook County court house in Chicago, that he is the breadwinner and he would not be compensated for his travel time to the DuPage County court house. The husband argued that the wife would not suffer financially for traveling to Cook County. In granting the wife’s motion to dismiss due to forum non conveniens, the court reasoned that should there be a dispute regarding custody or property, the potential witnesses, such as teachers and doctors, and documents would be in DuPage County. The husband’s attorney argued on appeal that the wife failed to file her forum non conveniens motion within 90 days of the last day allowed for filing her answer, as required by Illinois Supreme Court Rule 186. The appellate court held the husband waived that argument since he failed to raise it with the trial court.

Recent Post

Illinois Child Support: A Comprehensive Guide

Navigating the complexities of child support in Illinois can be a daunting task for many parents. Whether you are going through a divorce or seeking to understand your obligations or entitlements, having accurate information and good legal counsel crucial. In this...

Key Differences Between Illinois Prenups and Post-nups

Illinois Premarital Agreements Most people have heard of premarital agreements (often referred to as "prenups").  The law defines prenups as contracts drafted and signed by a couple prior to their marriage.  Illinois has a statute, known as the Illinois Uniform...

Divorced Parents Disagree over Covid Vaccines

Now that Covid vaccines are approved for children that are 12 years of age and older, some Chicago divorced parents disagree over Covid vaccines. Specifically, some divorced parents disagree as to whether their children should receive the vaccine.  Some parents...

5 Common Divorce Myths You Might Believe Too

Too often, when contemplating divorce, people believe some common divorce myths that are seemingly based on common sense.  However, the facts are often different than what people think.  It can be detrimental to your case if you enter into divorce proceedings without...


If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.