Do I Need to Talk to My Spouse Before Filing For Divorce in Illinois?

 Posted on August 17, 2022 in Family Law

Victims of domestic abuse, whether it be physical or emotional, are often afraid to leave their spouses. Unfortunately, research suggests these concerns are well-founded, as victims tend to be at the greatest risk when they try to end an abusive relationship. In cases like this, victims may wonder if they can file for a divorce on their own, without alerting their spouse first. Fortunately, the answer is yes. If you need help filing for divorce in Illinois and are worried about your spouse finding out, our attorneys can discreetly work with you to protect your privacy. 

Attorney-Client Privilege

Many people have heard about the attorney-client privilege in a courtroom drama TV series or novel, but not many people understand the nature of this highly privileged relationship. The confidence between an attorney and her client is so privileged that an attorney cannot be called to testify against her client in court, even after she no longer represents the client. Attorneys who violate attorney-client privilege can face serious consequences, including disbarment. The attorney-client privilege continues even if the attorney or the client ends their relationship or if either party passes away. An attorney will absolutely not reveal details of her client’s case to the client’s spouse. 

Serving a Spouse Divorce Papers 

Eventually, a spouse will find out about a divorce filing because he or she will need to be served with divorce papers. This happens after the first spouse has completed the necessary paperwork and filed for divorce. If necessary, an attorney can work to time an emergency order of protection with the likely service date of divorce papers so the responding spouse has limited warning and limited opportunity to retaliate against the spouse who filed.

Once a spouse has been served with divorce papers, he or she will need to respond. However, even if a spouse decides to be uncooperative or disappear altogether, a divorce can still go forward. If a spouse cannot be located or will not respond, a judge may simply finalize the divorce, ruling in favor of the spouse who initially filed. 

Schedule a Free Consultation with a Hinsdale, IL Divorce Lawyer

If you are worried about issues of domestic violence and need help creating a divorce plan without alerting your spouse, the DuPage County divorce attorneys with Law Office of Martoccio & Martoccio can help. We will work confidentially with you until you are ready to file. In addition to divorces with issues of domestic violence, we also have experience dissolving high net worth divorces and divorces for arranged marriages. Call our offices today at 630-920-8855 to schedule your free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000