Can I File for Divorce Without Knowing Where My Spouse Is?

 Posted on July 31, 2025 in Divorce

If your spouse walked out on you and your child and never came back, you likely find yourself in the challenging situation of trying to juggle raising your children alone and holding down a full-time job. After months of fighting to make ends meet while your spouse has left without a trace and without any support, you may be ready to take the next step and officially end the marriage so you and your kids can move on. 

The good news is that Illinois law allows you to file for divorce even if you do not know where your spouse is. It certainly is not a typical situation, but a dedicated DuPage County, IL divorce lawyer can help you navigate the process so you can start a new chapter.

How Can I Legally File for Divorce Without My Spouse’s Involvement?

Under the Illinois Marriage and Dissolution of Marriage Act, you do not need your spouse’s permission to get divorced, but you do need to notify them of the proceedings. If you do not know where your spouse is, and cannot find them after making reasonable efforts, you can ask the court for permission to notify them by publication. This means placing a legal notice in a newspaper in the area where your spouse was last known to live.

Before the court will approve this, you must show that you have made diligent efforts to find your spouse. This can include anything from attempting to contact them at the last known address, asking friends or family members where they are, checking social media or online directories, searching public records, or using people-finder services. Once the court believes that you have done everything you reasonably could to locate your spouse, it might allow you to publish notice of the divorce in a local newspaper for a specific period, typically once a week for three consecutive weeks.

If your spouse does not respond to the published notice within 30 days of the last publication date, the court may allow you to proceed with a default divorce. This means you can finalize the divorce without your spouse’s participation. However, there are limits to what the court can do in a default divorce.

For example, the court can:

• Grant you a dissolution of marriage

• Award you sole custody (otherwise known as parental responsibilities)

• Allocate parenting time

• Decide who keeps which property that is already in your possession

However, it generally cannot divide marital property held by your spouse or enforce child support until your spouse is properly served and appears in court. If your spouse resurfaces later, you may be able to seek modifications to support or custody orders based on new circumstances.

What If There Are Children Involved in an Absentee-Spouse Divorce?

When a parent files for divorce and there are children involved, the court always prioritizes the best interests of the child. If your spouse abandoned you and the children, and you are the one handling all day-to-day responsibilities, the court will take that into account. 

Don Pesce is court-approved to serve as a Guardian ad Litem (GAL), child’s representative, or attorney for the child. He understands how courts approach parenting time and parental responsibilities, especially when one parent has been absent for an extended period. As a court-approved custody mediator, he also has special insight into how custody matters can be resolved efficiently, even in complex or one-sided cases.

Contact a DuPage County, IL Family Law Attorney

You should not have to wait indefinitely to divorce someone who walked away from your marriage. If your spouse left and you are ready to move on for yourself and your children, a Naperville, IL divorce lawyer at Pesce Law Group, P.C. can help you take the next step. We offer free consultations and can guide you through filing for divorce even if you do not know where your spouse is. Call 630-352-2240 today to get started.