If my husband left me and my kid’s 6 months ago and is now in jail, can I get a divorce without his signature?

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If my husband left me and my kid’s 6 months ago and is now in jail, can I get a divorce without his signature?

Asked on March 28, 2012 under Family Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Your husband needs to "participate" in the divorce in some way, either voluntarily or not.  If he is in agreement then yes, you need his signature on everything.  If he is not then you have a contested divorce and you need to sue him and serve him.  At least you are aware of his whereabouts now which makes it a lot easier.  Get legal help.  Good luck. 


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