How do I obtain a divorce without knowing where my wife is and she won’t sign nor meet at a safe location to discuss this?
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How do I obtain a divorce without knowing where my wife is and she won’t sign nor meet at a safe location to discuss this?
I’ve been married for a little over 10 years. It’s been an off and on again type of relationship. She has dated since we separated. No kids,no property to divide,she has abandoned me several times after putting me in troublesome situations and has
issues like abuse to anyone who doesn’t agree with her views or does what she wants. Harassing me and my family even has made fake profiles and gave out my sister’s number on a dating site.
Asked on December 5, 2016 under Family Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As with any legal action, any person named in a legal action needs to be given notice of it. That means that in this case you will have to serve your spouse in order to give her an opportunity to answer the complaint. However, in a case such as yours where a spouse cannot be found, you can serve your wife notice via "publication". This means that you can put a notice in a newspaper in the area of her last known location; the court will instruct in what newspapers to do this. After that, if you she does not respond, then you can proceed with the case and a "divorce by default" can be granted. As a general rule, a person can file for their own divorce and most states have websites to guide them through the process. That having been said, you may want to consult directly with a divorce attorney.
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