How Can I Get Divorced If I Live in Illinois and My Spouse Lives in A Different State?

 Posted on April 26, 2022 in Divorce

Sometimes divorce is the inevitable end of a relationship and while you may be reconciled to the breakdown of your marriage, certain factors can make getting a divorce more complex. One of these is when a spouse lives in another state or cannot be located. You may be wondering whether it is possible to divorce someone who lives outside of Illinois, or whether you can get divorced at all if you do not know where your spouse is. In this blog, we will answer questions about interstate divorce and divorce by publication. Keep in mind that the only person who can give you legal advice tailored to your situation is an Illinois divorce attorney. 

Can I Divorce Someone Who Lives Outside of Illinois? 

If you have lived in Illinois for at least 90 days, you qualify for Illinois residency and can file for divorce in Illinois even if your spouse lives outside  of Illinois. If you share children, you may need to live in Illinois for at least six months before you can file for divorce which will decide on parental responsibilities and parenting time.

If your spouse meets the residency requirements of the state in which they live, they may also file for divorce from you. In this case, the state wherein the divorce is first filed is generally the state that will have jurisdiction over the divorce proceedings. You will have to serve your spouse with divorce papers notifying them that you have filed and make sure they have received them. 

Different states have different divorce laws. If you agree with your spouse on all the terms of divorce, the different state laws will not make much difference. If you cannot agree and a judge has to decide for you, speak with a family law attorney who can help you analyze your situation. 

What If I Cannot Locate My Spouse? 

If you cannot locate your spouse or they are evading service, you can ask the court to publish your intent to get divorced in a local newspaper. However, you will need to make significant efforts to find your spouse and document them so you can convince a judge that your spouse truly cannot be located or served. There are strict requirements for how a divorce by publication works, so be sure to work with an attorney who can help you ensure you meet all the necessary criteria. Once due diligence has been made to locate the missing spouse and publish your intent to divorce, a judge can grant you a divorce even without the other spouse’s permission. 

Schedule a Confidential Consultation with an Experienced DuPage County Interstate Divorce Attorney

If you want to get divorced but your spouse is missing or lives in another state, make sure you get the help of an Illinois interstate divorce attorney who has worked with complex divorces involving multiple locations. At The Stogsdill Law Firm, P.C., our team of attorneys has helped many individuals with a spouse outside of Illinois or whose location is unknown secure a divorce and move on with their lives. Call us now at 630-462-9500 to schedule your initial consultation today. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000