Married in Chicago, Now living in Asia - can I get divorced?

cluelessgirl said:

IL

I got married in chicago a few years ago. I moved to asia and I would like to stay in asia indefinitely.

Can I get divorced without having to fly back to chicago? Do I have to be personally physically present in court or can I just hire a lawyer to show up for me?

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Ohiogal said:

Where is your spouse living? And yes you would have to be physically present in court if you want a divorce.

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cluelessgirl said:

i don't think i will be able to get my husband to sign ... because i can't locate his address ... i was thinking i could do notice by publication ... and get the divorce by default when he doesn't appear in court

so if both my husband and i don't show up in court, we can't get divorced? i was thinking just to hire an attorney to do all the paperwork (including the publication) and just stay in asia ... would it be possible to get divorced without me flying back and let the attorney do everything?

thanks so much!

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cluelessgirl said:

i don't think i will be able to get my husband to sign ... because i can't locate his address ... i was thinking i could do notice by publication ... and get the divorce by default when he doesn't appear in court

so if both my husband and i don't show up in court, we can't get divorced? i was thinking just to hire an attorney to do all the paperwork (including the publication) and just stay in asia ... would it be possible to get divorced without me flying back and let the attorney do everything?

thanks so much!

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Ohiogal said:

How do you know he is still in Chicago? You would have to show up due to the fact that you live in Asia and the court is going to want to know how you proved that your husband lives in IL and has jurisdiction over the divorce.

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mistoffolees said:

If OP has lived in Asia long enough to have established legal residency there, it may be easier to get the divorce in Asia - if her country allows divorce similar to our divorce by publication. However, she would need to see an attorney in her country to see what is possible.

However, if there are any property division issues, her country would not have jurisdiction over her husband in Chicago or wherever he is.

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Ohiogal said:

Yep. If hubby is in IL then she could divorce in IL. However she doesn't even know where HUBBY actually is if she cannot serve him.

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