Yes you can still file. While still living together you will have to convince the Judge assigned to the case that Irreconcilable differences have caused an irretreivable breakdown of the marriage and if you have lived as roommates and not as spouses(no sex) then you will get a divorce. Consult with a local attorney who practices Divorce Law and give him or her the factual background.
Publication Divorce is an answer. If, after a diligent search you cannot find him you will be able to divorce him by filing a Petition for Dissolution and serving him by using a newspaper with a general circulation in the county where you reside. This could be the Daily Law Bulletin, The Chicago Tribune, Daily Herald, Sun Times etc..
However only the status of being married is under the jurisdiction of the court. You cannot receive Child Support, Maintenance, Property Distribution or any...
As your husband still lives in Illinois the Illinois courts have Subject Matter Jurisdiction, that is the right to hear the case. If your husband is the Petitioner then you will not have to appear if you have a signed Marital Settlement Agreement that handles all the issues in a divorce. Even though it is cordial I reccomend obtaining an attorney to do the paperwork properly because so many things can and do go wrong with people who represent themselves in Cordial Divorces.
There is no online...
Your address posted is in Cook County, IL. That means if your case is filed and pending downtown the judge who pretried the case will most likely not be the trial judge. You now are in a situation where each of gets two bites at the apple.
If the case is pending in one of the district courts(Oak Park is part of the 4th municipal district) that judge will be the trial judge and the answers previous to my answer would be correct on that point.
The Chicago Police will not mediate this dispute nor arrest anyone as you are married. It seems to me your spouse has already decided to effectuate astreet settlement. Try tofind an attorney fast and file for divorce and get a restraing order entered.
First you need to know that a pre marital 401k is non marital. Eve, now calledn the interest that accrues during the marriage is non marital. Only cotributions during the marriage and interest and gains on those contributions are marital.
On the alimony issue, now called maintenance, how did she support herself for 1 year ,6 months without your financial support?
These are just ideas. You need to see a divorce attorney in person.
Please hire a real lawyer to litigate this matter. The reason the case is continued to July is because you are out of the country. The Hague Convention gives the U.S. Court Jurisdiction to hear this case. You either need to hire a lawyer and litigate this case or move to a country that will not extradite you as that country is not a signature to the Hague Convention. Then you become a fugitive and the countries near Israel that are not signatories to the Hague Convention are not friendly to...
Living in the same house has become a more normal state of affairs in divorce since 2007. No judge in Cook County will hold up a divorce for that reason.
You must be pro se. The judge may want to know if you have a written agreement. Pro se litigants have been clogging up the system with not having the correct paperwork or having paperwork that omits important details that are necessary.
Cook County can take a while but an attorney not returning phone calls is neglect of the file. Ask for a final bill and your file and fire that attorney. By now you should have had a Child's Rep or a 604(b) appointed. Usually that is done on the court date after Mediation is completed.
If your wife was married to you during any of the years that pension credits or contributions were made allows her,under Federal Law, to claim 1/2the marital portion of your pension.
Was there a pre nuptial agreement? In any multi marriage situation you should consider one to protect your children.