QUESTION

If my husband got deported back to the Caribbean, how can I divorce him?

Asked on May 14th, 2013 on Divorce - Illinois
More details to this question:
He got deported for a bunch of unnecessary things like unpaid tickets, driving without a license and among other issues with the law, he did not treat me very well when he was here. Now he is back there and he wants to come back and he refuses to give me a divorce. What should I do?
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4 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If he was deported its unlikely that he can come back to the US anytime soon. Michigan is a no fault divorce state so you can get a divorce without his permission.You can sue him for a divorce in the Local Circuit court here and get a default judgment of divorce it can be a bit tricky to serve him or to serve him by alternate means (requires a motion in the court() So get an attorney to assist you in this matter.
Answered on May 16th, 2013 at 8:54 AM

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You do not need him to give you a divorce. The court will do that if he is appropriately served and grounds are proven by you. You do not need him at all.
Answered on May 16th, 2013 at 8:38 AM

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File your case where you qualify for residency. The only difficult part is getting him officially served. Service normally requires that someone personally hand him the paperwork filed in your divorce case and file Proof of Service with the court. There are methods for getting someone served outside of the country, you will need an attorney's assistance with this. If your husband cannot be located, and you can prove to the court that you have tried all reasonable means, the court may allow you to serve him by local newspaper publication. Once he is served, you can move the case forward, whether he is there to participate or not.
Answered on May 16th, 2013 at 8:36 AM

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Depending on if you are a resident of IL and the length of time you have been separated, you may not need his signature to obtain a divorce.
Answered on May 16th, 2013 at 8:34 AM

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