Divorcing an Absent Spouse

 Posted on February 26, 2016 in Main

An issue occasionally encountered in divorce is that a spouse will simply walk out, disappear or otherwise not cooperate or participate in the divorce proceedings. Hence, this can lead to issues obtaining a divorce decree. If your spouse cannot be located or contacted, it can be a little more difficult to obtain your divorce. Consulting an experienced family law attorney is advised.

Divorce by Publication

Divorce by publication is the process during which you place your notice of divorce in the newspaper or other publications that serve the area where your spouse was last known to reside. Once the court grants permission, you may then place the notice in the relevant publication for a specific period of weeks.

Divorce by Default

If your notice has run for the prescribed length of time with no results, and you have exhausted other possibilities in attempting to locate your spouse you are able to ask the court for a divorce at that time, as your spouse is presumed to have defaulted on his or her right to contest the filing.

However, it is important to understand that if you are granted a divorce by virtue of your spouse's default, it may be with many relevant issues reserved. The reason is that a court's jurisdiction to resolve certain issues under notice by publication is limited on matters like spousal support or property division.

An Experienced Family Law Attorney Can Answer Your Questions

A divorce can be a critical step in getting a person's life back on the path that he or she wants to be traveling. However, sometimes life gets in the way. If you want to divorce your absent spouse, please seek the advice of a dedicated Wheaton, Illinois family law attorney at MKFM Law. We have years of experience in these cases, and are ready, willing and able to share our knowledge with you. Contact us at 630-665-7300 to set up an appointment today.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K410.htm