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

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

Posted

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.

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4 comments

Asker

Posted

Thank you Wes Cowell. your answer was helpful.can you answer please one more question- my spouse is working, so i can ask about some alimony from her. if i am not working? and how can i find my spouse. if i dont communicate with her since 2007.

Wes Cowell

Wes Cowell

Posted

I feel like I just woke up in a Fellini movie. How do you know your spouse is working? If you haven't communicated with your spouse in 6 years, what makes you suspect he/she may possibly be in Illinois? Why not assume your spouse has moved to Australia and consider divorcing there? Plan on shelling out some money for a private investigator to locate your spouse. Figure about 500. that goes to to the P.I., not to me. Alimony? Sure! Why not? Be prepared to fly in to give testimony as to your need. Oh, and don't forget the money it will take to discover your spouse's assets and income.

Asker

Posted

thank you. i knew from our friend that she lives in chicago and working and she bought an appartment. and i am also know. that she think i should give her money. but i doesn t. that is why i think, maybe its help me to move her to divorce me. if she will be afraid to loose her money, if about my assets- no assets no money in bank.. anything. so i think she is in worse position, but for this i need anyways ab attorney who will write her or call her..that we want money from her

Wes Cowell

Wes Cowell

Posted

If you're not willing or able to travel to Chicago, you need to look into getting a divorce where you are. Good luck.

Posted

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.

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Gary L. Schlesinger

Gary L. Schlesinger

Posted

and what is the point of enrolling the divorce in illinois if the asker refuses to come here?

Judy A. Goldstein

Judy A. Goldstein

Posted

The asker can seek a divorce here because her husband resides here. What would be the purpose of enrolling a foreign judgment here?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

but if she files here, she is the petitioner. she then has to come to court here but she does not want to. i agree, no sense in enrolling it here.

Judy A. Goldstein

Judy A. Goldstein

Posted

I was responding to Ms. Kowalski's comment that the asker cannot file in Illinois. That is not true. The asker can file here because the spouse lives here. However, it would be foolish to file here if the asker never intends to return here to prosecute the case and I see no reason at all to enroll he judgment since there are no assets and no children.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Judy is correct.

Asker

Posted

thank you very much for your answers. that is why i don t know what shell i do. bc to file here in other country- i don t know how. to file in Chicago...i do nt want to fly over the ocean only for this. and its look like easy case- no kids no assets. 4 month in marriage. but my spouse such a *good* person. -my spouse think- i should give her a lot of money- which i havent

Judy A. Goldstein

Judy A. Goldstein

Posted

Since you don;t know what to do, you should consult with lawers - where you are located and in the county in IL where your spouse resides. No one here can provide any more information than what we have already provided.

Asker

Posted

thank you Judy. i contacted. in my Country lawyers can to only uncontested divorce. in CHicago lawyers say - i should fly to Chicago(

Judy A. Goldstein

Judy A. Goldstein

Posted

Then those are your options.

Posted

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.

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Asker

Posted

thank you for your answer. my spouse is living in Chicago. and we don t communicate. that is why i could not file in my country.

Posted

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

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