Can I get my divorce even if my husband is hiding?

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Can I get my divorce even if my husband is hiding?

He physically abused me and our 15 year old son. The abuse went on for years and police records prove it. He pled guilty. Now he is hiding so they can’t

serve him divorce papers. I don’t want to lose my home. I work. He draws Social Security Disabilily. If he doesn’t show up, will they give me my home or will we still have to sell it and split the money?

Asked on June 28, 2018 under Family Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your husband can't be located for service of process, he can be served by publication. Service by publication is running a notice of your petition for dissolution of marriage in the legal notices section of a newspaper for the period of time required by the court. Ask the court clerk how long the notice has to run in the newspaper for service by publication. Service by  publication is effective even if your husband never sees the notice.
It is not possible to predict how the judge will rule in your case if your husband does not appear in court; however, most likely the court will rule against him with regard to your home and other issues due to his failure to appear.


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