How do I divorce my husband who is in prison in Illinois?

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:

Residency requirements/where to file:

At least one of the parties to the dissolution action must have been a resident of the State of Illinois for a minimum of ninety days immediately prior to the filing of the action. The action for dissolution may be filed in the county where either party resides.

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.