Can I get a divorce without my husbands knowledge?

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Can I get a divorce without my husbands knowledge?

I would like to know if I can get a
divorce without my husbands knowledge.
We got married July 2017 and separated
and stop living together April 2018.We
have no kids, no property, no debt. I
would like a divorce without his
knowledge to prevent disputes. Illinois

Asked on December 1, 2018 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In any legal proceeding, including a divorce, the party against whom the action is being brought is entitled to "notice". This is done so that the other spouse may have the opportunity to answer the complaint and go to court to further explain their side of things. This means that your husband would need to be served with the divorce complaint. The only time that a divorce could be granted without the other spouse's knowledge would be if the filing spouse did not know where the other spouse was living. In such a case, they could publish notice of the divorce in a newspaper in the area of the missing spouse's last known whereabouts. If they didn't respond within the time allowed, then the court would grant a divorce by "default". However, that is the only time that a spouse could potentially be divorced without their knowledge.


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