Can You Divorce a Spouse Who’s Missing in Illinois?

 Posted on July 31, 2025 in Divorce

Divorce is hard enough when both spouses are involved, even when that "involvement" includes arguments about splitting marital assets, child issues, and alimony. But what happens when a spouse cannot be found? Perhaps your spouse walked away from your marriage years ago. You have recently decided to make the split legal and file for divorce. Unfortunately, you are unable to locate your spouse.

Can you still obtain a divorce in Illinois when your spouse cannot be found? Fortunately, there is a legal path to divorce, even when one spouse cannot be located, although it does require extra steps. Your best course of action is to speak to a knowledgeable St. Charles, IL family law attorney, who can clearly lay out your options for what is known as a default divorce.

A Diligent Search for the Missing Spouse Must Be Made

Before you can proceed with a default divorce, you are required to conduct a comprehensive search in an attempt to find your missing spouse. All "reasonable" methods of locating your spouse must be attempted, including:

• Checking his or her last known address
• Asking any family or friends about the spouse’s whereabouts
• Searching social media
• Searching public records

All your efforts to find your missing spouse must be clearly documented in an Affidavit of Diligent Search. The affidavit must state the outcome of each attempt and the reasons for any omissions. You must state that the information provided is true and accurate to the best of your knowledge, under penalty of perjury, and the affidavit must be signed by you and notarized by a notary public.

What Happens if You Fail to Find Your Spouse Despite a Diligent Search?

If your search fails, you must ask the court for permission to serve notice by publication. This involves publishing a legal notice in a court-approved newspaper for a specified period of time. This is often once a week for three consecutive weeks. If you receive no response, you can ask for a default judgment of divorce.

What Can a Default Divorce Accomplish – And What Can It Not Do?

While a default divorce is final, it is also limited in scope. The default divorce can end a marriage, but it cannot divide marital property, order spousal support, determine child support, or allocate parental responsibilities or parenting time. Each of these issues requires the participation of both spouses.

This means that, although you may be divorced through a default divorce, if your spouse resurfaces a year, two years, or five years from now, he or she may decide to contest any of these previously undetermined issues. Your spouse could also claim he or she did not receive proper notice of the divorce, regardless of how hard you tried to locate him or her.  

When Should You Speak to a Divorce Lawyer About a Default Divorce?

Default divorces can be technical, and mistakes in the search process or paperwork can cause delays or even dismissal. It is always a good idea to have a skilled Illinois family law attorney who will ensure all steps are properly followed. If your spouse has disappeared and you are feeling stuck, you do have options.  

Contact a Kane County, IL Divorce Lawyer

Choosing a St. Charles, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC ensures our knowledgeable attorneys can help you search, serve, and separate from your missing spouse. We provide compassionate and knowledgeable guidance on how to proceed when your spouse does not want to be located. MKFM Law serves family law clients at their offices in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 today to schedule your initial attorney meeting and set the process of a default divorce in motion.