How to Divorce a Missing Spouse in Illinois

 Posted on June 29, 2020 in Divorce

When a couple decides to call it quits, one or both spouses may file for divorce. However, in some cases, one spouse may walk out without an explanation, leaving the other spouse to wonder about his or her whereabouts. If you wish to get a divorce but are unsure where your spouse is, be sure to contact a knowledgeable family law attorney to help resolve this complex situation.

Publication Divorce

If a spouse would like to get a divorce but is unable to find their spouse, Illinois law allows “divorce by publication.” Publication divorce occurs only after a judge has been convinced that the divorcing spouse is unable to find the missing spouse after extensive searching. Extensive searching may include:

• Trying to contact your spouse through text, phone call, social media, email, or letter

• Posting a missing notice in your local paper, on cork boards in grocery stores, or on telephone poles within your community

• Attempting to serve the divorce papers to your spouse at his or her last known whereabouts

• Calling your spouse's current or most recent employer to see if he or she still works there

• Asking your spouse's family members, friends, or coworkers if they know of his or her location

• Thumbing through social media platforms and/or accessing other databases such as the military database

The judge will ask you what means you have used to try to find your spouse, so be sure to keep an updated and accurate log of your searches.

The Allocation of Parental Responsibilities and Other Elements of Divorce

Your spouse’s absence can disrupt your entire divorce process including the allocation of parental responsibilities. If your spouse is still missing at the time the publication is served, the judge may grant you full custody.

Additionally, the judge may decide on other elements of your divorce such as spousal support, child support, and division of property, assets, and debt. If you locate your spouse, or they make themselves known after the divorce, you may be able to go back to court to hash out any issues with the judge’s rulings.

Contact a DuPage County Divorce Attorney

If you wish to seek a divorce, but your spouse is nowhere to be found, do not panic, and contact a Lombard, IL divorce lawyer. The legal team at A. Traub and Associates is skilled in carrying out your wishes, no matter how complicated they may seem. Call or text us at 630-426-0196 to schedule your consultation.

Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000