Can I divorce my husband in prison without his consent?

Full question:

I would like to divorce my husband with do it yourself forms. However, my husband is in a federal prison. He is not in Illinois. Do I need his signature? Can I do this without his consent?

  • Category: Divorce
  • Date:
  • State: Illinois

Answer:

In Illinois, at least one spouse must have been a resident for at least ninety days before filing for divorce. You can file for dissolution in the county where either spouse resides.

If your husband is in federal prison and not in Illinois, you may still be able to proceed without his consent. However, you typically do not need his signature to file for divorce. It's advisable to consult an attorney for guidance specific to your situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, in Illinois, you can file for divorce without the other spouse's signature. If your spouse does not respond to the divorce petition, you may still proceed with the divorce process. However, it's important to follow the proper legal procedures, including serving your spouse with the divorce papers. Consulting an attorney can help ensure you meet all requirements.