Getting a Divorce When Your Spouse Is Missing

 Posted on April 10, 2017 in Divorce

Filing for divorce requires you to serve notice to your spouse with the divorce papers. What if you cannot find your spouse? Whether your spouse is missing or hiding, not being able to serve the divorce papers can complicate the process. However, if you follow the proper legal steps, you can file a motion for default and divorce without your spouse’s written consent.

Searching for Your Spouse

The first step you must take is to make an honest effort to find your spouse. There are many methods you can use, including:

• Visiting the spouse’s last-known address and calling the last-known phone number;
• Contacting the spouse’s family, friends and employers and asking if they know his or her whereabouts;
• Checking directories of addresses and phone numbers; and
• Monitoring your spouse’s online activity, such as social media.

If you cannot find your spouse, you can submit an affidavit of diligent search to the court.

Publication Notice

If the court is satisfied that you made a good-faith effort to find your spouse, you can file for service by publication. You will pay for a public notice about the divorce in a local newspaper, and your spouse will have a court-determined amount of time to respond. The notice must include the:

• Name and number of the divorce case;
• Names of both parties in the divorce;
• Name of the court in which the divorce papers have been filed; and
• Deadline which the missing spouse must respond by.

The notice must be published in a newspaper that your spouse is likely to read, which is usually a publication in the county of your spouse’s last-known address. If there is no newspaper in that county, a newspaper in a neighboring county qualifies.

Default Divorce

If your spouse has not replied by the deadline, you can file a motion for default to complete the divorce. The court will hold a hearing, during which you must show in detail your efforts to contact your spouse about the divorce. If the court approves the motion, the divorce will be finalized.

While this process will complete the dissolution of your marriage, it will not resolve issues of division of property, alimony, child support payments or allocation of parental responsibilities. If your spouse reappears, you will need to return to court to negotiate those factors.

Getting Your Divorce

An unresponsive or uncooperative spouse can create legal hurdles to clear in your divorce. A Kane County divorce lawyer at Goostree Law Group can help you overcome any challenges you face. Call 630-584-4800 for a free consultation.

Source:

http://ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

http://www.divorcesource.com/ds/illinois/illinois-service-of-process-for-divorce-5122.shtml