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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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 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.

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