Legal Question in Family Law in Illinois

I am in Illinois. I will be going to my 3rd court appearance for divorce due to my husband not showing up the last 2 times. Can I file for divorce without him present? We have been living separate for 3 1/2 years and have 1 minor child who is 17 and has been living with me. I cannot keep taking time off from work for continuances. Please help.


Asked on 3/17/16, 1:30 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

It would appear that he has filed an appearance and is not showing up. A judge will be liberal and protect his due process rights. If he is not showing up ask the court to order him to appear or an order of default will be entered, and then serve him a copy of that order. He does not have to appear for you to get a divorce, but it is not a simple matter. Because your son is a minor, a Parenting Allocation Order must be entered. Frankly it might be better to wait until he turns 18

Read more
Answered on 3/17/16, 2:50 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois