Can I Divorce My Spouse in Illinois if I Do Not Know Where They Are?

 Posted on June 20, 2026 in Divorce

It is no secret that divorce can be messy. Emotions and tensions can run high, causing stress that not everyone can handle. In some situations, a spouse may end up just fleeing or leaving the state entirely to get away from the situation or in an attempt to avoid getting a divorce. In other situations, a person may end up filing for divorce because their spouse has already disappeared.

Whatever the situation, an absent spouse can be frustrating and can add steps to the divorce process. However, it is still possible to complete the divorce, even if you are not sure where your spouse is located. At Goostree Law Group, our DuPage County, IL family law attorneys have decades of combined experience. You can rely on our lawyers to guide you through your case to make the process as painless as possible.

How Do You Get a Default Divorce in 2026?

In any divorce case, the process is started by filing a petition for divorce with the court in the county in which you reside. Typically, your spouse would then have 30 days from the filing of the petition to respond and notify the court of their appearance (or non-appearance) at the initial hearing. If they do not respond to the petition, or you do not know their whereabouts to serve their petition, it is still possible to get a divorce through alternate methods in Illinois.

A judge may grant you a default divorce judgment if your spouse is unwilling to cooperate with the divorce process or if your spouse’s whereabouts are unknown. Before the judge does this, however, they will want to know that you have done everything you can to find your missing spouse.

During your divorce hearing, the judge will ask you what you have done to locate your spouse and will want to know specifics. Examples of looking for your spouse may include:

• Contacting family, friends, prior landlords, or other individuals who may know their whereabouts
• Serving hearing notices at their last known residence and workplace
• Attempting to contact your spouse by phone, text, email, or mail
• Searching social media websites

If attempts to find your spouse are unsuccessful, the court may order service by publication, meaning that notice of the divorce is published in a local newspaper. The court can then proceed with a default judgment, in which the judge will determine the appropriate terms after hearing only the petitioner’s requests.

How Will an Illinois Judge Rule in a Default Divorce?

When one spouse files for divorce and the other does not respond, the case can proceed as a default. The filing spouse still has to appear before a judge and present basic evidence. The judge will review the petition and any supporting documents before issuing a final order.

A judge will not simply give the filing spouse everything they asked for without question. The court still has to be satisfied that the division of property is fair, that any child custody arrangement serves the best interests of the children, and that child support follows Illinois guidelines. The outcome of a default divorce depends largely on what the filing spouse requests and how well that request holds up under the court's review.

What Are the Grounds for a Default Divorce in Illinois?

Illinois is a no-fault divorce state. Under 750 ILCS 5/401, the only ground for divorce is irreconcilable differences. This means neither spouse has to prove wrongdoing. The filing spouse simply needs to show that the marriage has broken down and that efforts at reconciliation have failed or would not serve the family's best interests.

In a default case, the spouse who filed makes this showing without any participation from the other side. The judge accepts the stated grounds if the petition is properly filed and the other spouse was served with notice but chose not to respond.

Is There a Waiting Period to Get a Divorce in Illinois?

Illinois does not have a traditional waiting period for divorce. However, there is something that functions like one.

Before a judge can grant a divorce in Illinois, the spouses must have lived separately for at least six months. This is called the separation requirement. The court can waive this requirement if both spouses agree about irreconcilable differences.

Living separately does not always mean living in different homes. In some cases, a couple can meet the requirement while still sharing the same address, as long as they are no longer living as a married couple. Illinois courts have recognized this, though it can be harder to prove.

The six-month period frequently comes up in default divorces. Before a judge finalizes the divorce, the filing spouse must still show that the separation requirement has been met. Even if the other side is not fighting the case, the court needs to confirm that the marriage broke down at least six months before the divorce is granted.

Do I Still Need an Attorney for a Default Divorce?

Some people assume that a default divorce is simple because only one side is participating. That assumption can lead to problems. The paperwork still has to be prepared and filed correctly. Missing a required document or making an error in the proposed judgment can delay the case or cause the judge to reject it.

An attorney can help make sure the petition, notice of default, and proposed judgment order are all in order before the hearing. If children or significant assets are involved, the stakes are higher. What gets written into the final order is what the court will enforce going forward.

Contact a Wheaton, IL Family Law Attorney

Filing for divorce can be difficult for anyone in more ways than one. If you are planning on filing for divorce and you are unsure of the location of your spouse, you should discuss your situation with a DuPage, IL County divorce lawyer who is knowledgeable about default judgments. To start discussing your case and schedule a free consultation, call Goostree Law Group today at 630-584-4800.