Why It Is Important to Hire an Attorney

Courts in the United States are committed to ensuring that all parties in a case receive Due Process. This means making sure each party is properly “on notice” of any Court proceedings they’re involved in. When you don’t know where your spouse is living, serving notice can be extremely challenging.

Can I get divorced if I can’t find my spouse?

Yes, you can get divorced in Illinois even if your spouse is missing. You’ll need to follow legal steps, including filing a motion for service by publication, which allows you to notify them through a newspaper if other methods of contact have failed.

How long does service by publication take in Illinois?

Service by publication in Illinois typically lasts three consecutive weeks in a local newspaper. After the final publication, your spouse has 30 days to respond. If they don’t, the court may proceed with a default divorce.

What if my spouse is in another state or country?

If your spouse is in another state or country, you may still proceed with divorce. Depending on their location, you might serve them by mail or publication, but it is essential to follow state or international laws for service.

Can a divorce proceed if my spouse contests after being found?

Yes, if your missing spouse is located and contests the divorce after the service by publication or other notification, the Court will typically allow them to participate in the case. This could delay the process as the Court may re-examine issues like property division, child custody, or spousal support. If the spouse provides valid objections, the divorce may no longer proceed by default, and the case could require more legal proceedings or negotiations to resolve contested matters.

Can I get child or spousal support if my spouse is missing?

Obtaining child or spousal support when your spouse is missing is possible, but more challenging. A court can issue support orders, but enforcement may be difficult without knowing your spouse’s whereabouts. An attorney can help you explore options.

What if my spouse is located after service by publication?

If your spouse is located after service by publication, they may contest the divorce. This can delay the process, but the court will allow them to participate in the proceedings and address any issues like property division, spousal support, or child custody. Your divorce may no longer proceed by default and could require additional legal proceedings.

Anderson Boback & Marshall

How to Get a Divorce If You Can’t Find Your Spouse

Published December 16, 2024

Categorized as Divorce, Divorce Process, Illinois Divorce

A lot of estranged couples lose track of each other after separating. This often leads to situations where one spouse wants to get a divorce but has no idea where the other spouse lives. If you’re facing a divorce in Illinois and can’t locate your spouse, you might wonder how the process can proceed. Fortunately,

Can You Move With Your Child?

Published December 16, 2024

Categorized as Child Custody, Child Relocation

Relocating with your child after a divorce can be a daunting legal challenge in Illinois. Whether you’re seeking better educational opportunities, a new job, or a safer environment for your child, Illinois courts scrutinize such moves. Their primary focus is always on the best interest of the child. This guide will walk you through the legal steps,

7 Common Mistakes to Avoid in High Asset Divorce

Published December 10, 2024

Categorized as High Asset Divorce, Illinois Divorce

In a high-asset divorce, the stakes are much higher, and costly mistakes can be easily made. Whether it’s improper asset valuation, overlooking tax consequences, or failing to conduct thorough discovery, these errors can cost millions and have long-lasting effects on your financial future. In this article, we’ll cover the 6 most common mistakes in high-asset

Paternity and DNA Testing in Illinois: Your Guide to Protecting Your Rights

Published December 7, 2024

Categorized as Uncategorized

Establishing paternity in Illinois is a critical legal process that shapes the rights and responsibilities of parents while ensuring the well-being of children. Whether you’re a father seeking legal recognition, a mother pursuing child support, or a parent needing clarity on biological ties, understanding the laws and procedures surrounding paternity disputes in Illinois is essential.

Month: December 2024

How to Get a Divorce If You Can’t Find Your Spouse

Can You Move With Your Child?

7 Common Mistakes to Avoid in High Asset Divorce

Paternity and DNA Testing in Illinois: Your Guide to Protecting Your Rights

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