How can I go about divorcing my husband after he has moved out of state?

Asked on November 10, 2012 under Family Law, Illinois


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can either file for divorce in the state that you currently live, or file in his new state.  It will generally be easier to file in your home state.  If he is agreeable to the divorce and you can reach an agreement, then you can send him a waiver of service and a final agreed order to approve and sign.  This will end the necessity for him to return to your state in order to finalize the divorce.  

If he is not agreeable about the divorce, then you will need to have him served with notice.  If he is dodging service, you can still get him served with alternative manners of service--- they are just a bit trickier and sometimes require the approval of the judge.  If this is the case with your ex-, consider retaining an attorney to at least help you with the service or process issues.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.