What is Divorce by Publication?

 Posted on March 29, 2023 in Divorce

Divorce is never easy. However, some people experience significant challenges when initiating a divorce. For some spouses, simply finding their spouse and serving the divorce petition is the hardest aspect of the split. If your spouse has gone missing or you do not know their whereabouts, how do you get divorced? In this blog, we will discuss divorce by publication and when you may be granted a divorce without your spouse’s participation.

Ending Your Marriage When You Cannot Locate Your Spouse

The spouse who initiates a divorce is called the petitioner. Typically, the petitioner “serves” or delivers the divorce petition to the other spouse, called the respondent. The petitioner may also hire a sheriff or special process server to serve notice of the divorce to their spouse. However, if the spouse cannot be located the situation becomes more complicated.

In extreme cases, a spouse may need to serve the divorce petition to the spouse through the newspaper. This is called divorce by publication. The petitioner will file a notice in the newspaper stating the name of their spouse, the fact that they have filed a Petition for Dissolution of Marriage, the city and county in which the case is filed, and the date of default.

The respondent has until the date of default, at least 45 days later, to respond to the notice of the pending divorce. The spouse has the opportunity to respond to the petition and participate in the divorce process. However, if the spouse does not respond within this time frame, the court may issue a default divorce. A default divorce is a divorce in which the petitioner makes all the decisions about property division, child custody, and other issues. The respondent essentially gives up his or her right to make a counteroffer or participate in the divorce process.

Who Can Get a Divorce By Publication?

Divorce by publication is a last resort. If a spouse wishes to get a divorce by publication he or she will need to make a good-faith effort to find his or her spouse first. This may include visiting the spouse’s last known address, contacting the spouse’s employer, and reaching out to the spouse’s friends and family. To get a divorce by publication, a spouse will need to request permission from the judge. The petitioner will be asked to sign an affidavit swearing that he or she has made genuine efforts to locate the missing spouse and serve the divorce petition via the typical route.

Contact Our Wheaton Divorce Lawyers for Help

If you cannot find your spouse, but you want to get divorced, there are options. Your spouse cannot evade the divorce process by hiding out somewhere.

The skilled DuPage County divorce lawyers at Goostree Law Group understand that the divorce process can be filled with obstacles and challenges. We are here to help you overcome those obstacles. Call us today at 630-364-4046 for a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000