Legal Question in Family Law in Illinois

Good morning-

I live in Illinois, and I am leaving my husband in a matter of days, and I'll be leaving the state. We have been married 19 years and we have an 18 year old son who also lives at home. He will be staying with my soon to be former husband. I am forced to leave a "Dear John" letter because I fear his explosive temper, so he will be unaware that I have left until I am well away. He has never been violent towards our son, but I don't trust his reaction towards me when he gets this news. We have virtually nothing to divide, except our mortgaged home. My questions are: Will I need to return to Illinois in order to obtain a divorce, or can my husband file and send me the papers to sign, without my having to return? How long does this take? I appreciate your advice. Thank you-

Wendy


Asked on 2/24/11, 5:40 am

1 Answer from Attorneys

You may be able to file in the state that you move to once you have lived there long enough.

If he files, you can fail to show up and a divorce will be granted in default.

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Answered on 2/25/11, 5:47 pm


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