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Old 05-31-2006, 08:30 AM
Cluricaun Cluricaun is offline
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Can a divorce be granted without the consent of one of the parties?

Sorry for the long title, but I digress....

Is it possible to have a divorce granted with one of the parties not being present in the court? Say you were married to a person who took off in the dead of the night and who seems to have fallen off the face of the earth. You obviously can't serve them papers to sign, so can the court grant a divorce in absentia?
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  #2  
Old 05-31-2006, 08:38 AM
Exapno Mapcase Exapno Mapcase is offline
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This is another law that varies from state to state, but the general answer is that after a person has been missing for seven years, the remaining spouse can petition a court to have the missing spouse declared legally dead. I don't know of any way to compel a divorce, however. IANAL so there may be loopholes I'm not aware of.
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Old 05-31-2006, 08:49 AM
anson2995 anson2995 is offline
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IANAL, and divorce laws vary from state to state, and I assume from your profile that you are asking about divorce law in Illinois.

This site says:
Quote:
Illinois has no fault divorce laws based on living separate and apart for six (6) months, if both parties agree in writing. If only one spouse brings the action for divorce, the laws for living separate and apart require a period of two (2) years.
A local attorney would be able to give a better answer.
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Old 05-31-2006, 08:59 AM
Gfactor Gfactor is offline
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Short answer. Yes. You don't need to physically serve someone with process if they can't be found. You get a court order to serve by publication.

Quote:
Originally Posted by Michigan Court Rules
(I) Discretion of the Court.

(1) On a showing that service of process cannot reasonably be made as provided by this rule, the court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.

(2) A request for an order under the rule must be made in a verified motion dated not more than 14 days before it is filed. The motion must set forth sufficient facts to show that process cannot be served under this rule and must state the defendant's address or last known address, or that no address of the defendant is known. If the name or present address of the defendant is unknown, the moving party must set forth facts showing diligent inquiry to ascertain it. A hearing on the motion is not required unless the court so directs.

(3) Service of process may not be made under this subrule before entry of the court's order permitting it.
We've done a couple of threads on this issue. There are some problems if the court lacks personal jurisdiction over the defendant. For example the court cannot divide marital property or award support. E.g., http://www.divorcesource.com/researc.../99mar30.shtml But inability to personally serve is not the same as lack of personal jurisdiction.
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Old 05-31-2006, 09:04 AM
Gfactor Gfactor is offline
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Simple Divorce Question
Divorce question
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  #6  
Old 05-31-2006, 09:09 AM
Kalhoun Kalhoun is offline
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Quote:
Originally Posted by Cluricaun
Sorry for the long title, but I digress....

Is it possible to have a divorce granted with one of the parties not being present in the court? Say you were married to a person who took off in the dead of the night and who seems to have fallen off the face of the earth. You obviously can't serve them papers to sign, so can the court grant a divorce in absentia?
My husband served his ex and she didn't contest anything. She did not show up at court. They were divorced very quickly.
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  #7  
Old 05-31-2006, 09:32 AM
Si Amigo Si Amigo is online now
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People get divorced while they are sitting in jail all the time. They don't don't even bother dragging them into the court room unless they contest the divorce.
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