QUESTION

I need to know if I can file for a legal seperation form my wife. She left me on April 29, 2011.

Asked on Sep 01st, 2011 on Family Law - Illinois
More details to this question:
I have had no contact with her and do not know where she is.
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Patrick: In Illinois, you must meet some basic requirements. First, you must have lived in IL, and the county in which you are going to file, for the preceding 90 days. You'll obviously know if you meet this requirement. Second, you must be living apart from your spouse when you file. You seem to have met this. Third, you must show that the separation is caused through no fault of your own. These are the basic requirements you must meet in order to file. It seems that another problem that exists is the whereabouts of your wife. She will have to be served with process, which is obviously made more difficult by the fact that you do not know where she is. There are ways to attempt and show diligence in service; you should contact an attorney who can help you with this. If she is not served in a court-approved manner, a Judge may refuse to grant any separation, and it is possible that anything that is decided or ordered may be deemed void.   This is for informational purposes only and does not create a binding attorney-client relationship.
Answered on Sep 09th, 2011 at 4:53 PM

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