More frequently than you may suspect, I’m asked if it’s possible to get a divorce when the client doesn’t know where there spouse is.  Sometimes that spouse has been gone for years, sometimes a couple weeks.

If you’re an Illinois resident, the answer is yes, you can get a divorce–but that may not be the real question you wanted to ask.  The law provides specific procedures that if followed correctly allow an Illinois resident to get a divorce from their spouse…but sometimes, that’s all you get.  Having the power and authority to grant a “divorce” does not necessarily mean the Court has the power or authority to allocate property, award maintenance (alimony), child custody, child support or allocate the marital debt.

To what extent the Court’s have authority to divide property, award custody and the like is, like everything else in matrimonial law, fact specific.  So, can you get “divorced” definately the answer is YES.  Can you get the house?  Can you get custody of your children?  Can the Courts award  you spousal and child support?  Those answers will be different in almost every case.  Call a domestic relations attorney to find out what relief the family law courts are able to provide to you, with your specific fact.