File a missing persons report.
Generally speaking, yes. You can file for divorce for almost any reason. Some states allow non-contested divorces if one spouse becomes a felon.
If the prisoner is not going to contest the divorce, have the spouse file for an un-contested divorce in their local court. The case will eventually be heard and if the prisoner returns all the completed paperwork that he will be sent, there should be no problem with it.
An uncontested divorce is when both parties agree to getting a divorce. If one party doesn't agree, this would then become a contested divorce. You may need a lawyer to handle a contested divorce. If you are able to agree, you can do a divorce without a lawyer depending on your state laws.
Yes, one spouse can file for divorce without the other spouse's consent.
You would have to file a Missing Spouse Divorce. This is usually when a service by publication is in order. If after a certain amount of time (based on the state) the spouse does not respond then you are able to go to the court and show that you have tried to find your spouse with no luck.
When a Spouse Does Not Sign Divorce Papers When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction. Only the spouse who is filing for the divorce must sign, however, the spouse requesting the divorce usually must serve the other spouse with process. Service of process means that the other spouse is given notice that they have been sued. In a divorce situation, serving the other spouse with process means that the other spouse is notified that their spouse has filed for divorce and given a chance to appear. Contested Divorce Modernly, courts have moved past the traditional requirements of finding cause for a divorce. In fact, every court offers no-fault divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the mean time, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you. Divorce by Default Proceeding If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court's final decision. The reason the courts make this decision is because the court considers the opposing spouse's absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition.
No. There is no law stating that you have to live apart from your spouse to file for a divorce. :)
You cannot file for divorce in the US without contacting your spouse unless they are declared dead or they cannot be located.
If you want a divorce, you file for a divorce in the state where you are a resident.
You can file for divorce in the family court or domestic relations court in the county where you or your spouse live.
Even in Illinois both must file for divorce, then only will things move forward.
Just file for divorce, you do not need your spouse's permission to get a divorce.