QUESTION
If spouse won't respond to dissolution papers do I have to file for divorce?
Asked on Oct 29th, 2013 on Divorce - Illinois
More details to this question:
My estranged wife lives in Illinois I have been trying to get a dissolution of marriage for over four years, I've sent the paperwork multiple times we have no children together or own property/etc. She already signed a paper that she would cooperate and doesn't expect/demand alimony. She just recently went to jail for setting an ex boyfriend up to rob him I was hoping she would do some time so I knew where to get in contact with her but she got released. CAN I put an ad in the newspaper of her last known location or a certified letter to forfeit her from actions in the matter? If so how can do I do that? I live in ca I am in the US Navy and we got married in Vegas, just in case it matters.
2 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If she was properly served with the divorce papers, you can file for a default. If she wasn't served already, you need to locate her family, friends, etc. She needs to be served with the summons and petition to move forward.
Answered on Oct 30th, 2013 at 6:51 AM
Who says you have to get divorced in Illinois. You can obtain a divorce in the state where you reside if you meet there residency requirements. On the other hand you could file for divorce here based upon her residency, but she has to be served with summons, as she would if you field the case in another state, The law require you make reasonable inquiry as to where she is currently residing, such as voters records, family etc. If you do that and document it, you can (if you are unable to find her) once you have filed a case, publish notice in a newspaper of general circulation.
Answered on Oct 30th, 2013 at 6:50 AM