Can i receive divorce without my coming to Chicago to court? can attorney represent my during all case?

Asked 11 months ago - Chicago, IL

my divorce case was dismissed without prosecution 3 years ago. i am a permanent citizen of other country 7 years. and i will not come back to Chicago.but my spouse lives in Chicago.
so can i hire an attorney who will do all for my divorce without my coming to Chicago?
no kids. no assets. but contested divorce

Attorney answers (4)

  1. Wes Cowell

    Contributor Level 18

    6

    Lawyers agree

    1

    Answered . What you're talking about is called "divorce by proxy" and we don't do that (anymore) in Illinois.

    You'll have to either 1) come to Illinois to get divorced, 2) get divorced where you are, or 3) arrange thing so your SPOUSE divorces YOU in Illinois. Given that the divorce, itself, is contested, #3 seems unlikely.

    So, either plan on hiring a lawyer and buying a plane ticket, or start looking into divorce where you now reside.

  2. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Why do you wish to seek a divorce in Illinois if you have no intention of returning here? You cannot file for divorce and then refuse to come to court at least once. I f your case is contested, as you indicate, you might have to return here several times. Perhaps your spouse can file here or you can file where you are located but you cannot file here and then never show up to finalize your case. Better yet, just file where you are located.

  3. Elliot Heidelberger

    Contributor Level 9

    2

    Lawyers agree

    1

    Answered . The party filing the Petition for Dissolution of Marriage must make at least one court appearance. If your spouse would file a Counter Petition for Dissolution he/she could appear and your appearance would not be required because that person would be the filing party.
    Elliot Heidelberger
    elliot@stglaw.com

  4. Jan R. Kowalski

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . If you don't have the intent to return to Illinois, then you cannot seek a divorce in Illinois. You should seek a divorce where ever you are and then contact an Illinois attorney to enroll/register the foreign decree in Illinois.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,889 answers this week

2,751 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,889 answers this week

2,751 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary