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

If you can’t find your spouse and you want to get divorced, the law allows you to do that as long as you follow some rules which are required to show the court that you have done everything you could do to attempt to locate your spouse. Generally, when you file for divorce, you are required to obtain personal service on your spouse by having the Sheriff or a personal process server:

  1. deliver a copy of the summons and the Petition for Dissolution of Marriage with your spouse personally; OR
  2. by leaving a copy of the summons and Petition where your spouse lives with someone else who also lives there as long as they are at least 13 years of age and the person serving the paperwork tells that person what they are serving and the person serving follows up with mailing a copy to that address.

Personal Service When You Can’t Find Your Spouse

Attempt to Locate Your Spouse

Notice Requirements for Divorce If You Can’t Find Your Spouse

The court will likely reserve things such as awarding maintenance or dividing property until you find your spouse, however, you can get divorced.

Service By Social Media

I have seen service by Facebook be successful as long as you can establish that this was a regular way of communication with your spouse and you can sufficiently authenticate that the Facebook profile belongs to your spouse and he uses it as a way to communicate. It would be prudent to attached copies of Facebook messages that your spouse posted and that of your spouse’s friends. That along with sworn testimony from you may be a way to get service by Facebook. Notice of a pending divorce is very serious and strictly adhered to by the Court. Therefore, you must do all you can to provide the necessary evidence to the Court if you want to get divorced when you can’t find your spouse.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/illinois-divorce/divorce-if-you-cant-find-your-spouse/

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