QUESTION
How do you go about an out of country divorce?
Asked on Feb 21st, 2014 on Child Custody - Illinois
More details to this question:
My husband is in a northern African country and I want to file for divorce. We have a minor child in my custody in IL. How can I file for divorce while he's out of the country and resolve custody if he wants visitation with our child in his country?
2 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
This is very do-able. A skilled divorce attorney, like me, 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, plus 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 an experienced divorce attorney & properly protect your, & your child's, legal rights.
Answered on Feb 25th, 2014 at 4:55 PM
If the child has lived here for six months, the court has the jurisdiction to determine the child's custody. If your husband has never been here the court lacks jurisdiction to decide any property issues between the two of you. If he lived here, if he is properly served with summons in Africa. then the court has the jurisdiction to divide assets. You can easily file for a divorce here, no matter where he lives, subject to the above limitations. An Illinois court make be hesitant to allow visitation to an African country if it is not a party to the Hague Convention.
Answered on Feb 25th, 2014 at 4:43 PM