How to Get Divorced in Illinois When You Can’t Find Your Spouse
Divorce by Publication in Illinois: When You Can’t Find Your Spouse
Filing for divorce usually involves formally notifying the other spouse that a case has been started. This process, known as service of process, ensures both parties have the opportunity to participate in decisions involving property division, child custody, and other divorce-related matters.
But what if your spouse has disappeared, moved without leaving a forwarding address, or cannot be found despite your best efforts? Fortunately, Illinois divorce law provides a solution. You may still move forward with your divorce through a process called divorce by publication, though it requires careful compliance with court rules.
How Divorce Papers Are Normally Served in Illinois
In most Illinois divorce cases, the petitioner serves the divorce petition and summons directly to the other spouse. This can be done through:
Personal delivery
A sheriff or licensed process server
Certified or special mail in limited circumstances
All of these methods require knowing where your spouse is located. When that information is unavailable, alternative service may be necessary.
What Is Divorce by Publication?
Divorce by publication allows a spouse to provide legal notice of a divorce by publishing it in a newspaper rather than personally serving divorce papers. This option is only available when the filing spouse can show the court that they made diligent and good-faith efforts to locate the missing spouse.
The published notice typically includes:
The missing spouse’s name
Notice that a Petition for Dissolution of Marriage has been filed
The county and court where the case is pending
A deadline for the spouse to respond before a default may be entered
Because publication does not guarantee actual notice, courts view this method as a last resort.
What Must You Prove to Use Divorce by Publication?
Before a judge will approve service by publication, you must submit a sworn affidavit explaining the steps you took to locate your spouse. This may include:
Attempting contact through last known addresses or employers
Reaching out to relatives or mutual contacts
Searching public records or online databases
Only after the court is satisfied that traditional service is not possible will publication be allowed.
What Happens If Your Spouse Never Responds?
If your spouse does not respond after proper publication, the court may enter a default judgment. This allows the divorce to proceed without the other party’s participation.
However, it is important to understand the limits. While the court may dissolve the marriage, certain issues—such as property division or child-related matters—may still require additional proof and judicial review. A default does not mean the court simply rubber-stamps every request.
Why Legal Guidance Matters in Missing-Spouse Divorce Cases
Divorce by publication is procedurally demanding, and mistakes can delay your case or lead to dismissal. Working with an experienced Illinois divorce attorney can help ensure that all legal requirements are met and that your rights are protected throughout the process.
Contact a Lake County & McHenry County Divorce Attorney
If you are seeking a divorce but cannot locate your spouse, AKL Legal, LLC can help you navigate divorce by publication with confidence. Our Grayslake divorce attorneys understand the complexities of Illinois family law and will guide you every step of the way.
Call 847-262-9888 today to schedule a confidential consultation.
