Asked in Divorce for Illinois

Q: does spouse have to be served to complete a divorce?

He won’t give me an address and told me to do the divorce without him.

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3 Lawyer Answers
Ray Choudhry
Ray Choudhry
Answered
  • Moline, IL
  • Licensed in Illinois

A: Yes.

But service can be by publication if you don't know where he is.

Cheryl Powell agrees with this answer

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: If you do not know where he lives or works, you can still get divorced if you serve him by publication. This will get you the divorce, but the court will not have personal jurisdiction of him, and will be unable to order him to do anything, i.e., pay support, etc. You will get divorced and the court will reserve ruling on other issues, if any, until he can be located, if ever.

Cheryl Powell agrees with this answer

Brian W. Reidy
Brian W. Reidy
PREMIUM
Answered
  • Orland Park, IL
  • Licensed in Illinois

A: If you are speaking with him, do you know where he works or hangs out? If so, a process server with experience might be able to find him and serve him, which will save you the hassle of service by publication.

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