Change in Venue or Jurisdiction

Skilled Lawyers Representing Family Law Clients in Cook, Kane, and DuPage Counties

Divorce and Family Law Attorneys Serving Schaumburg and Surrounding Areas

For many individuals contemplating or already seeking a divorce, figuring out where to start can be beyond overwhelming. While speaking with an experienced attorney is always a great first step, in terms of selecting your attorney and where you will be filing for divorce, it will typically always occur in the county in which you or your spouse live, unless you both specifically request permission to file in another county.

At Glasgow & Olsson we work diligently to advise you of all your legal options before they become expensive and time-consuming disputes. We are your advocate, ensuring that your rights are protected at every step, both inside and outside of the courtroom. Our goal is to help the court provide you with the ability to make the best decisions possible for your family's future. Contact us today for a free consultation.

Venue and Jurisdiction

In law, “venue” refers to the county where you file, while “jurisdiction” is essentially the system that applies. Thus, any county within Illinois is still within the same jurisdiction.

While couples typically file for divorce in the county in which they reside (750 ILCS 5/104), if they have filed in a county in which neither of them lives, it is also possible to seek a court order allowing a waiver of the venue requirement in order to proceed with the divorce. Regardless of where a couple files, the final judgment cannot be vacated because every court in Illinois has jurisdiction over their filing. However, the parties and their attorneys could face penalties from the court if they do not file in the proper county. The courts do not tend to view “forum shopping” in a positive light.

Motion to Change Venue

Illinois state law (735 ILCS 5/2-104) also allows a motion to change venue to be filed when one party files its Answer. In fact, objections to venue are technically waived if they are not raised within the time to file the Answer.

Cook County

In some Illinois counties, each branch of the court system is considered to be its own venue. For example, in Cook County, the Department has a Family Law Division which has separate divorce, parentage, and specialized courts (or branches) to address expedited child support, domestic violence, etc. Within this system, if a case is filed in the wrong branch and needs to be transferred, your attorney will need to file a Motion to Transfer Venue.

DuPage County, Illinois Complex Divorce Issues Lawyer

If you need assistance in your divorce or any family law matter, contact our office at (847) 577-8700 or online today for your consultation. Our offices are conveniently located in Schaumburg, Illinois. We are skilled in defining and navigating the local courts. We serve clients throughout Cook, DuPage and Kane Counties; i.e. Barrington, Barrington Hills, Geneva, Hoffman Estates, Rolling Meadows, Palatine, Wheaton, and throughout Chicago.