QUESTION
Can one get a divorce without the spouse's signature?
Asked on Sep 07th, 2013 on Divorce - Illinois
More details to this question:
We have been separated for almost 4 years. Long story short, nobody knows where she is. She is somewhere homeless without any way to contact her. What are the steps I need to take to get a divorce? I know that I can run an ad in the legal paper in Chicago (where we believe she is) and if she doesn't respond I can proceed without her signature, but how do I start the process?
2 ANSWERS
No where does it say in the law that a spouse's signature is required in order to be divorced. You are required to make a "diligent" effort to attempt to locate her such as calling her relatives, friends and associated and ask them if they know where your spouse is, an internet search, maybe even a locator search through a company that specializes in that service. If you have done so and you are unable to find her, then service by publication is sufficient to get you divorced. There are courses offered through the Clerk's office to help you with this process.
Answered on Sep 12th, 2013 at 5:19 PM
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need (& possibly a quote to represent you). Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire a quality attorney & properly protect your legal rights.
Answered on Sep 12th, 2013 at 5:19 PM