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Divorce By Publication in Illinois: What You Need to Know

 Posted on November 01, 2015 in Divorce

For those who are seeking a divorce in Wheaton or another area in the state of Illinois, the first thing that you must do is to file a petition for dissolution of marriage. Following this, you will need to serve your summons to your spouse, informing him or her of your petition for dissolution of marriage. However, in the event that your spouse cannot be located—and therefore cannot be served—divorce by publication may be necessary. For assistance in executing a divorce by publication, consult with a Wheaton divorce attorney as soon as possible.

What Is a Divorce By Publication?

A divorce by publication is a very unique way of serving—or making known your request to divorce—your spouse. Also referred to as service by publication, a divorce by publication is when the spouse seeking the divorce publishes his or her notice of the pending action in the local newspaper. The publication of the notice of the pending action must also include:

  • The name of the party whom you are suing (asking for a divorce from);
  • The type of document you have filed (Petition for Dissolution of Marriage);
  • Name of the county in which your case has been filed;
  • Name of the city in which the courthouse is located;
  • A date of default (at least 45 days from the date of which your publication will be published in the local newspaper).

A divorce by publication is only available in extenuating circumstances, as is discussed in more detail below.

When Divorce by Publication is Possible

A divorce by publication is only allowed in the event that a spouse seeking divorce has made a best effort attempt, and exhausted all possible options, of finding his or her missing spouse and serving him or her with papers. In fact, before a divorce by publication can be published in a newspaper, the petitioner must file an affidavit swearing that he or she made a good faith effort to local his or her missing spouse.

What Happens After I Publish Notice of My Pending Divorce Action?

Once you have published your notice of the pending divorce action, your spouse has until the date of default (published within your notice) to respond to the summons. If your spouse does not respond within this time frame, your divorce proceedings will continue without him or her, you will be required to attend a hearing with a divorce judge, and your divorce will (most likely) be granted by default. Once a divorce determination has been made, your now ex-spouse has 30 days to petition the court; if a petition by your ex-spouse is filed within this time frame, the divorce determination may be overturned.

Seeking Divorce in Wheaton

If you are seeking a divorce in Illinois and cannot locate your spouse, an experienced Wheaton divorce attorney can help you understand divorce by publication and your rights during a hearing. To schedule a consultation with the attorneys at Fay, Farrow & Associates, P.C. today, call our offices now at 630-961-0060. If you want to file for divorce, our attorneys are committed to making sure the process goes as smoothly as possible. Meet with us to learn more about how we can help you.

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