Notice of Divorce when Spouse's Whereabouts Unknown

 Posted on December 30, 2015 in Divorce

Abandonment of one's spouse for a period of one year or longer is currently grounds for divorce in Illinois. If your spouse simply left your home and has not returned or even attempted to contact you for a period of one year or longer, you have the right to divorce him or her. But what if you cannot find your spouse?

You can still divorce your spouse even if you do not know his or her current location. This is true for any type of divorce, grounds or no-fault. But you will need to take extra steps to be able to either locate your spouse or reasonably make an attempt to make him or her aware of your intention to end your marriage. If you are unable to locate your spouse, certain portions of the divorce process must be put on hold until he or she is located.

Serving Divorce Papers

Currently, when an individual files for divorce, he or she must serve his or her spouse with the divorce papers. This means that he or she must provide his or her spouse with documentation that he or she has filed for divorce so the spouse can seek legal aid and prepare for the divorce.

Service by Publication

If you cannot locate your spouse to serve him or her with the divorce documentation, you might have to serve him or her by publication in a local newsletter. To do this, you must contact the clerk of your county's Circuit Court for instructions for serving by publication in your county.

You must make reasonable efforts to locate your spouse before serving by publication. This means you must draw upon friends, relatives, and known phone numbers and addresses associated with him or her to attempt to locate your spouse. In today's digital world, it is possible to locate a spouse through social media. But if these searches do not return your spouse and his or her location, you may serve him or her by publication.

If you serve your spouse by publication, you can not have the court determine a child custody arrangement, child or spousal support order, or divide any property that is not singly-held or located outside of Illinois until you can locate your spouse. All you can do is legally end the marriage. Once he or she has been found, you can go back to court to have these issues decided.

Work with a Kane County Divorce Attorney

If you can not find your spouse, work with an experienced Kane County divorce attorney to locate him or her and move forward with the divorce process. Contact our team at Goostree Law Group today to discuss your unique situation during your free legal consultation with our firm. We can answer your questions and help you attempt to locate your spouse. If we are unable to locate him or her, we can guide you through the steps you must take on your own to dissolve your marriage.

Sources:

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ForPeopleWithoutLawyers/FilingandAnsweringaDivorcePetition.aspx

http://www.law.siu.edu/selfhelp/info/serve/pusersup.pdf