Can You Divorce a Missing Spouse?

 Posted on December 13, 2013 in Divorce

In Illinois, you have the right to divorce a spouse who is missing or hiding, whether or not their absence is intentional. The process of notifying a missing person of the legal action is known as service by publication. Under the Illinois Code of Civil Procedure (735 ILCS 5/2-206), you or your attorney may file an affidavit proving that your spouse is unable to be served by traditional means. You must make a good faith effort to locate your spouse. A good faith effort includes activities that are reasonable such as:

• Researching and checking last known residences
• Contacting last known employers
• Reaching out to the family and friends of the spouse
• Performing searches online

If your spouse serves or has served in a branch of the Armed Forces, you may be able to use military resources as well. Illinois courts want to know that every reasonable option has been exercised to find your spouse to inform him or her about the impending divorce. As a last resort, you may use service by publication. This means that the person is served by posting a notice about the dissolution of marriage in a newspaper in the jurisdiction where you will file. If there is no newspaper in that county, you may post a notice in an adjoining county newspaper. The notice will include details such as the action being taken (divorce), the name of the court, title of the case, your name and your spouse’s name, and a time period for the action. You are advised to consult with an attorney before beginning this process because there are specific actions to follow. In a divorce, properly filed paperwork is essential. Experienced St. Charles divorce attorneys will not only help you to remain compliant with state laws, but also help you to understand the process and answer questions. Divorce can be an emotional time; do not try to walk through it alone. If you need help navigating a divorce with a missing spouse, please contact a knowledgeable St. Charles, Illinois divorce attorney today.