Illinois V. Florida: Where To File For Divorce - Russell Knight

From Law Office of Russell Knight - ILLINOIS V. FLORIDA: WHERE TO FILE FOR DIVORCE breaks down how choosing Illinois or Florida can reshape everything from jurisdiction to money and parenting outcomes, especially for people who split time between states or are considering a move.

In this episode, we walk through the two “can you even file here?” questions—who can dissolve the marriage and decide support/property, and who can decide custody—and why a wrong filing can burn time and leverage. The conversation spotlights the custody framework (including the UCCJEA and how a state becomes the right place for a custody determination) so listeners can understand how parenting jurisdiction can diverge from financial jurisdiction.

Next, we compare what “fair” looks like in each state. Florida’s approach includes a strong baseline toward a 50/50 division of marital property and a detailed discussion of alimony types—bridge-the-gap, rehabilitative, durational, and temporary—plus how standard of living, “reasonable need,” and later modification (including retirement-related changes) can affect real-life support. Illinois, by contrast, focuses on division in “just proportions” rather than mathematical equality, with case law examples that show how judges frame equitable division and issues like dissipation.

Finally, we zoom out to strategic filing and venue fights, including forum non conveniens—when a court can decide another place is more appropriate—and how facts like where assets are located, where children have lived, or whether a prenuptial agreement points to another state’s law can influence the best forum. If you’re weighing Florida vs. Illinois for a divorce filing, this episode gives you the vocabulary, the legal signposts, and the practical lens to think through the decision before the first petition is ever filed.

Law Office of Russell Knight

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