How to Get Divorced when You Cannot Locate Your Spouse

 Posted on July 10, 2020 in Family Law

People face many complexities when getting a divorce. For most, these challenges include disputes about child custody, property division, and other terms of the divorce. Some people, however, face a much different problem. They want to get a divorce, but they cannot find their spouse. Perhaps their spouse left the city or state, or maybe the couple was only married for a very short time before going their separate ways without officially getting a divorce. In these situations, fortunately, it is still possible to divorce, even if you cannot find your spouse.

Requirements when Serving a Spouse with Divorce Papers

In Illinois, you must serve your spouse with divorce papers in one of two ways. The first is to have the sheriff or a personal process server deliver a copy of the petition for divorce personally to your spouse.

The second option involves the sheriff or personal process server leaving a copy of the petition with someone older than 13 that lives in another home with your spouse. In the second scenario, the sheriff or process server must tell the person they leave the papers with the purpose of the documents, and they must mail a copy of the petition to the same address.

Of course, neither of these situations is possible if you do not know where your spouse is located. Fortunately, you do still have options.

Attempt to Find Your Spouse

Before taking any action, you must show that you tried to find your spouse. You must submit an affidavit to the court stating the action you took to try and find your spouse. You must also request that the court allows you to send notice by publication. The court will review the affidavit to determine if you have done enough to try and find your spouse and if they are satisfied, you can then send notice to your spouse by publication.

Requirements for Notice by Publication

To serve notice by publication, you must publish the notice in the newspaper. The notice must include the details of the case, including the title of the case and court, the exact names of you and your spouse, the case number, and the date after which a judge can issue a default judgment. You are also required to send a copy of the notice in the newspaper to the last known address of your spouse.

You must also publish the notice every week for at least three consecutive weeks. After that time, you can tell the court that three weeks have passed and you have not received a response from your spouse. As long as 30 days have passed from the date of the first notice being published, the judge may then award you a default judgment. Although this will allow you to get divorced, a judge may wait to make decisions on dividing property, maintenance, and other terms of the divorce until your spouse is found.

Our Illinois Family Lawyers are Here to Help

Not being able to find your spouse so you can get a divorce is extremely stressful. If you would like to get a divorce but cannot locate your spouse, our skilled Hinsdale family lawyers are here to help. We can walk you through the process of serving notice by publication, and help you get the divorce you need so you can move forward with your case. Call us today at 630-920-8855 or contact us online to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000