Can I Get a Divorce if I Cannot Find My Spouse?

 Posted on April 29, 2025 in Divorce

Divorce is rarely simple, but what happens when your spouse vanishes—no texts, no forwarding address, not even a social media post to track him or her down? For some, the end of a marriage does not come with closure, but instead with unanswered questions and a missing partner. Whether your spouse intentionally disappeared or simply drifted out of contact, you might feel trapped in a legal limbo.

The good news is that Illinois law does not require you to remain married just because your spouse cannot be found. If you are ready to move forward but do not know where your spouse is, a skilled Illinois family law attorney can help you explore legal alternatives and guide you through the process.

What Happens If My Spouse Cannot Be Located?

In Illinois, a person can still file for divorce even if his or her spouse is missing. Normally, both spouses must be notified of the divorce proceedings through a legal procedure called "service of process". However, when a spouse cannot be found after a diligent search, the court may allow a different method known as "service by publication".

What Is Service by Publication?

Service by publication is a legal process that lets a person serve divorce papers through a notice in a local newspaper when his or her spouse cannot be located. This method requires court approval and is considered a last-resort option. To qualify for service by publication, you must:

• File a petition for dissolution of marriage in the appropriate Illinois county

• Conduct a thorough search for your spouse, which includes checking with family and friends, last known addresses, social media, employer records, and public records

• Swear under oath in an affidavit that your spouse cannot be found despite your best efforts

• Receive court permission to publish the notice in an approved newspaper

Once the notice is created, it must run once a week for three consecutive weeks. If your spouse does not respond within 30 days of the last publication, the court can proceed with a default judgment.

Can the Divorce Be Finalized Without My Spouse’s Input?

If your spouse does not respond after proper service by publication, the court can grant a default divorce to officially end your marriage. While you may not be able to resolve all issues in the absence of your spouse, the legal marriage will be terminated.

What Can Be Included in a Divorce by Publication?

A divorce granted through publication has limitations. While the judge can dissolve the marriage if your spouse does not appear in court, it may be difficult to decide on other issues like property division, spousal maintenance, child custody, parenting time, and child support.

These matters typically require both parties to participate in the case. If your spouse later comes forward, he or she may ask the court to revisit certain decisions.

Contact a DuPage County, IL Divorce Lawyer

If you are ready to move forward with a divorce but cannot find your spouse, you still have legal options to end the marriage. A Wheaton, IL family law attorney at Goostree Law Group can help you understand the service by publication process and advocate for your rights. Call 630-584-4800 today to schedule a free consultation and learn more about how we can help you.