• Chicago Downtown Office
    • 20 N. Clark Street, Suite 3300 Chicago, IL 60602
  • Northbrook, IL Office
    • 5 Revere Drive, Suite 200 Northbrook, IL 60062

Dismissing a Divorce Action in Different Locations

Published
Categorized as Illinois Divorce

Often times parties move during the course of their marriage, and at the time of the filing of a Petition for Dissolution of Marriage, both parties may be residing in completely different locations, making it inconvenient for one party to attend court at the other party’s location. For such reasons, case law allows for the dismissal/transfer of a certain action in one location so that another location can proceed with the divorce.

 

Forum non conveniens is an “equitable doctrine founded in considerations of fundamental fairness and the sensible and effective administration of justice.” Langenhorst v. Norfolk Southern Ry. Co., 219 Ill.2d 430, 441, 302 Ill.Dec. 363, 848 N.E.2d 927 (2006). The doctrine permits a trial court to transfer a case when trial in another forum would better serve the ends of justice.

 

A trial court will engage in a balancing test, weighing public v. private factors in deciding a forum non conveniens motion. The private interest factors include: (1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious and inexpensive. The public interest factors include: (1) the interest in deciding controversies locally; (2) the unfairness of imposing trial expense and the burden of jury duty on residents of a forum that has little connection to the litigation; and (3) the administrative difficulties presented by adding litigation to already congested court dockets.

 

As such, if the parties resided in one location for most of their marriage acquired marital assets in that location, and at least one of the parties still resides there, it is likely the judge will consider that location as the most convenient location.

Was this information helpful?
YesNo
You May Also Like

Schedule a Discreet Consultation Today!

    Northbrook, IL Office

    5 Revere Drive, Suite 200 Northbrook, IL 60062
    By Appointment Only

    Chicago Downtown Office

    20 N. Clark Street, Suite 3300 Chicago, IL 60602

    map home page - Chicago Divorce law firm
    Firm Overview
    Anderson Boback & Marshall

    Anderson Boback & Marshall is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation for divorce and other family law issues. With multiple offices in NorthBrook and Chicago Downtown, we make it easy for you to book an appointment in a location near you. Our family and divorce lawyers serve families in Cook County, Lake County, Will County, and DuPage County. Call Now 312-715-0870