ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/104 (2026)

Venue

✓ current as of May 2026
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(750 ILCS 5/104) (from Ch. 40, par. 104)
    Sec. 104. Venue. The proceedings shall be had in the county where the plaintiff or defendant resides, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made within such time as the defendant's response is due. In no event shall venue be deemed jurisdictional.
    In any case brought pursuant to this Act where neither the petitioner nor respondent resides in the county in which the initial pleading is filed, the petitioner shall file with the initial pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 3 cases, 2011–2012 · leading case: In re Marriage of Ricard, 2012 IL App (1st) 111757 (Ill. App. Ct. 2012).
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In re Marriage of Ricard, 2012 IL App (1st) 111757 (Ill. App. Ct. 2012). “He claimed that under section 104 of the Marriage Act (750 ILCS 5/104 (West 2008)), venue “shall be had in the county where the plaintiff or defendant resides.”
P.M. v. K.B., 954 N.E.2d 988 (Ind. Ct. App. 2011). “See 750 ILCS 5/104 & 5/607. Having concluded that the trial court abused its discretion in denying Mother’s request for relief from the default judgment entered against her, we reverse the trial court’s January 7, 2011 order, and remand the instant matter to the trial court with…”
In Re Visitation of PVD, 954 N.E.2d 988 (Ind. Ct. App. 2011). “See 750 ILCS 5/104 & 5/607. Having concluded that the trial court abused its discretion in denying Mother's request for relief from the default judgment entered against her, we reverse the trial court's January 7, 2011 order, and remand the instant matter to the trial court with…”
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