Skip to main content

It's possible to get a divorce in Illinois if you got married in New Mexico?

Chicago, IL |
Filed under: Divorce

I was married 10 years ago, and separate for 9 years, i don't know where its my wife at this point last time we spoke was 5 years ago, I can file for divorce here in Chicago? or i have to go back to New Mexico and do it there?

Attorney Answers 4

Posted

One generally files a divorce in the jurisdiction in which they are presently living, assuming the jurisdictional requirements of that state are met. In fact, meeting the jurisdictional requirements of the marital state 10 years later would be an impossible requirement.

For assistant in satisfying the Constitutional due-process requirements of notice to a wife whose whereabouts are unknown, you will want to rely on a local experienced family law practitioner.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

Mark as helpful

4 lawyers agree

Posted

Present residence, not location of marriage, sets where it is proper to file for divorce. You can file in your Illinois county. There are special rules if you are unable to locate your wife. You will be able to get divorced but certain property issues might not be addressed. You need a lawyer.

Mark as helpful

6 lawyers agree

Posted

You can file for divorce in Illinois as long as you have maintained your Illinois residency for more than 90 days prior to your hearing for the divorce. If you truly do not know where your spouse is, you can have her served by publication. However, no property division will be made. Contact a lawyer to assist you.

Mark as helpful

1 found this helpful

5 lawyers agree

2 comments

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Either 90 days consecutuvely prior to filing the Petition OR 90 consecutively prior to ENTRY OF THE JUDGEMENT

Peggy M. Raddatz

Peggy M. Raddatz

Posted

*DAYS

Posted

Illinois has jurisdiction to dissolve the marriage, but the property and any child custody issues are not likely able to be litigated as these issues involve property in and residents of New Mexico. It seems as you will likely have to serve her by publication in a newspaper as you don't know here whereabouts. As I am often in Court call my assistant Dan London at 312-807-3990 to set up a private telephone consultation. At the consultation we can discuss the confidential details we need to craft a strategic plan. These details should not be broadcast over the Inernet.

This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

Mark as helpful

1 lawyer agrees

9 comments

Paula Brown Sinclair

Paula Brown Sinclair

Posted

I think, Mr. Sparacino, that you will want to review the TOS on client solicitation.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

what is tos?

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Terms of Service; see also Community Guidelines

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

I have not been questioned on this issue before. Where do you suggest there is a problem specifically?

Paula Brown Sinclair

Paula Brown Sinclair

Posted

TOS 18(5)

Paula Brown Sinclair

Paula Brown Sinclair

Posted

See also Community Guidelines, incorporated at TOS 18. Every click on the button to post an answer is an agreement to the TOS. It is good to actually read them.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

it is not an unsolicited offer of legal services. the asker asked a question. joseph and wes answer it. then they say if you want more info, call. what is wrong with that? at least they are illinois lawyers answering illinois questions.

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

Thanks for the Assist GLS.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Mr. Schlesinger, I will be happy to respond privately after you have reviewed the Community Guidelines and Terms of Service.

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics