Legal Question in Family Law in Illinois

Re: Separation

It can be easier than a spouse who simply ran off. At least you are certain of the address to serve him. A judge may let you proceed without his presence.

Re: Separation

No it does not stop you getting a divorce and, in fact, is probably easier because you do not have to find him for service.

Divorcing a Person in Prison

No, the fact that your husband is in prison shouldn�t prevent you from getting a divorce. You would file same as others do. For grounds, you can qualify for a particular ground that most others can�t. Illinois law (750 ILCS 5/401) provides in pertinent part that: �The court shall enter a judgment of dissolution of marriage if at the time the action was commenced one of the spouses was a resident of this State . . . and if one of the following grounds for dissolution has been proved: . . . That, without cause or provocation by the petitioner, the respondent . . . has been convicted of a felony or other infamous crime . . .�

The divorce case would be handled as other divorce cases are. Your husband must be served with papers. If he does not file an appearance and answer in court (either through a lawyer or pro se) within 30 days of being served, you will be able to proceed to dissolution by having him declared in �default� for failure to appear (the court will probably require that he be given written notice of the default finding). This means you might be able to move forward to a conclusion without having to deal with legal conflicts which he might otherwise raise.