What is a Divorce By Publication?

In Illinois, the process of divorce begins when you petition the court for a dissolution of marriage. Once this step is complete, you must present the summons to your spouse to formally inform them of your petition for dissolution of marriage. However, this requires that you know where your spouse is located. In the event that this is not the case, you may be required to consult with a Warrenville divorce attorney who will help you to execute a divorce by publication.

When Is It Possible?

Divorce by publication is only permitted when the plaintiff has attempted to locate their missing spouse and serve them with the divorce papers but has been unable to do so. The petitioner must demonstrate that they have made every possible contact to contact their spouse, but without success, and then sign a written affidavit to attest to this. A Warrenville divorce attorney will help guide you through the process. Only under these circumstances can a divorce by publication proceed.

What Does It Involve?

After demonstrating that you have tried (and failed) to locate your spouse, your Warrenville divorce attorney will advise you that you may publish a notification of the pending divorce action in the local newspaper. This notice must include:

  • The name of the spouse whom you wish to divorce
  • The type of document that has been filed with the court
  • The name of the county in which the case was filed
  • The name of the city where the courthouse is located
  • A date of default at least 45 days after the publication of the notice in the newspaper

What Happens Next?

Following the publication of the notice, your spouse will have up until the published date of default to respond to the divorce summons. Should they fail to respond within this time period, the divorce proceedings will continue despite their absence, and your request for divorce is likely to be granted by default. Following this, they will have a period of thirty days to file a petition of their own, in which case the court may decide to overturn the original divorce.

Fay Law Firm is a family law and divorce law firm with offices in Naperville, IL. Established in in 1979, they specialize in divorce, post-divorce issues, child custody and visitation rights.

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