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

Asked on November 10, 2012 under Family Law, Illinois

Answers:

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.


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