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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption