Illinois Missing Spouse Divorce – Divorce by Publication

If you are unable to locate your spouse, you can still proceed with a divorce in Illinois. Many individuals lose contact with their spouses and move forward through a process known as divorce by publication. This method is more complex than an uncontested divorce and requires additional steps and court approval.

Separation Is Not Required in Illinois

Unlike some states, Illinois does not require a specific period of separation before filing for divorce. However, if you and your spouse have lived separate and apart for at least six (6) months, Illinois law will presume that irreconcilable differences have caused an irretrievable breakdown of the marriage. This can help establish grounds for divorce, even if your spouse is missing.

The Diligent Search Requirement

Before proceeding with a divorce by publication, Illinois courts require you to conduct a diligent search to locate your spouse. This good-faith effort can include:

• Contacting known relatives, friends, or acquaintances
• Checking with former employers
• Sending a letter to your spouse’s last known address
• Searching public records, social media, or online databases

If your efforts fail to locate your spouse, you may file an affidavit with the court detailing your attempts. Once the court is satisfied that you have made a reasonable effort, it may grant permission to proceed with service by publication.

Divorce by Publication Explained

In any divorce case, the court requires that the responding spouse be notified of the proceedings. In an uncontested case, this is typically done through personal service or by signing a waiver of service. However, if your spouse cannot be located, the court may allow you to serve notice through publication in a newspaper.

The notice must be published in a newspaper approved by the court, once a week for three consecutive weeks, in the county where the case is filed. If your spouse does not respond within 30 days after the final publication date, you may proceed to finalize your divorce by default.

Proceeding When Your Spouse Is Missing

If you genuinely do not know your spouse’s whereabouts—and have made a diligent effort to locate them—you can still move forward with a divorce by publication. Our service can help guide you through each step of this process, including preparing the required affidavit, publication notice, and default judgment paperwork.

Please fill out the form below, and one of our attorneys or paralegals will contact you to discuss your available legal options and the steps involved in an Illinois divorce by publication.