Am I Allowed to Move While I Am in the Process of Getting Divorced in Illinois?

 Posted on January 22, 2026 in Divorce

If you’re in the middle of a divorce –  especially a long one – you may be worried about whether or not you’ll be able to move when you want or need to. Maybe you want to move in with family for emotional support and to cut costs, but they live a few cities over. Maybe a job offer has come up, but it requires you to move out of state. If these are questions you’re worried about in your 2026 divorce, our Wheaton Divorce lawyers can help you get answers.

Can I Move If My Illinois Divorce Isn’t Finalized?

The short answer is: it depends. Illinois law does not automatically prevent you from moving during a divorce, but there are important rules you need to follow, especially if you have children.

If you do not have children, you can usually move if needed. You will need to keep your attorney and the court updated with your new address so you do not miss important notices or court dates.

If you have children and share custody, the rules are stricter. Under 750 ILCS 5/609.2, Illinois law requires you to get permission before moving if you are moving more than a certain distance from where you currently live. That exact distance depends on where you are; in DuPage County, if you want to move more than 25 miles away, you need approval from your child’s other parent and the court. This law is to protect the relationship between children and both parents.

What Happens if I Need to Relocate for a Job or Other Emergency?

Life does not always wait for a divorce to be finalized. If you need to move by a certain deadline, you should take the needed steps as quickly as possible:

• Talk to your spouse first. If your spouse agrees to the move, you can ask the court to approve a joint agreement. This is the fastest way to get permission.

• File a petition with the court. If your spouse does not agree, you will need to file a formal request to relocate. The court will schedule a hearing to decide whether the move is in the best interest of your children.

• Show why the move is necessary. You will need to provide evidence, such as a job offer letter or proof of new housing.

• Propose a new parenting plan. The court will want to know how you plan to maintain your children's relationship with the other parent. This might include a schedule for phone calls, video chats, and visits during school breaks.

The court will look at the reasons for the relocation, the quality of life the children will have in the new location, the other parent's ability to maintain a relationship with the children, and the children's wishes (if they are old enough).

What If I Move Without Permission During My Illinois Divorce?

Moving without court approval when you have children can lead to serious consequences. The court may order you to return to Illinois with the children, change custody arrangements to favor your spouse, hold you "in contempt of court," or make you pay the other parent's attorney fees. You may even be charged with a crime like "custodial interference."

Even if you believe the move is in your children's best interest, you must follow the legal process. Acting without permission can hurt your case and damage your credibility with the judge.

How Long Does It Take to Get Permission to Move if You Share Custody?

The timeline depends on whether your spouse agrees. If you both agree, the court can often approve the relocation in weeks. If your spouse objects, the process can take several months because the court will need to hold a hearing and review evidence.

If you have a firm deadline, such as a job start date, let the court know right away. Courts may be able to prioritize your case if they understand the urgency.

Call a DuPage County Child Custody Attorney Today

Navigating relocation rules during a divorce requires careful attention to Illinois law. If you are thinking about moving while your divorce is pending, the Wheaton divorce lawyers at Andrew Cores Family Law Group are ready to help. 

With a strong understanding of family law, our team can guide you through the relocation process and help you reach the best outcome for your family. Contact us today at 630-871-1002 for a free consultation.