If I have been separated from my ex-husband for 6 years but not divorced, can I file simple no fault papers if he isn’t here to sign them?

He lives in England and I am unable to communicate with him although I do have an address. We have no children, property etc so I prefer the no fault option. We married 9 years ago and split up 6 years ago.

Asked on July 26, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue here is that you need to properly serve him with the divorce papers.  The term "no fault" just means that you do not have to prove grounds alleged in a divorce (such as adultery) but you still have to serve him.  If he is willing to sign the paperwork (and I would try that first) then it will be easier.  Otherwise you have to have him served and if he does not respond file for a "default" order of divorce.  Please seek help to properly serve him.  Good luck.


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