This is a rush transcript from "America's News HQ," November 18, 2008. This copy may not be in its final form and may be updated.
JON SCOTT, HOST: His fourth wife, Stacy Peterson, has been missing for more than one year. Now, Drew Peterson, a former Illinois cop, remains under investigation in her disappearance. He says he's considering a divorce.
Peterson just consulted a high-profile attorney about it. That attorney is Jeffrey Leving. He's also the author of the book, "Divorce Wars." And he joins us now.
• Video: Watch Jon Scott's interview
Jeffrey, we've seen a quote from you in which you say you confirm that he was in your office. Can you say whether he is your client or not?
JEFFREY LEVING, FATHERS' RIGHTS ATTORNEY: Well, technically, under the rules of professional conduct, he was a client for the purpose of the consultation. His criminal defense lawyer brought him for the consultation, and we met and spoke.
SCOTT: All right. So under Illinois law, this man comes to you. His wife is missing. She is not able to sign any papers or anything like that. Can he get a divorce? Is he eligible?
LEVING: In Illinois, a marriage can be dissolved based on desertion if the wife has willfully deserted or absented herself from her husband for a period one year without cause or provocation on the part of her husband.
And if that has occurred, the marriage can be dissolved, and the wife can be served by publication, which means notice can be published in the newspaper, and that would be considered notice. Personal service is not necessary in Illinois in that type of circumstance.
SCOTT: Is that something that could be applied in the Drew and Stacy Peterson's case?
LEVING: Well, it's something that could be applicable in this case, definitely.
SCOTT: Even if there's no evidence that she ran off on her own? I mean, he says that's what happened. He says he thinks that's what happened. But to my knowledge, police have never found any evidence that she left willingly.
LEVING: Well, the key here is, he is entitled to his day in court. He can present his evidence to the courts. If there is evidence to the contrary, that would be presented and there would be a trial. And the judge would make a decision. And he has a constitutional right to a trial, to his day in court.
But, you know, there are other issues that, to me, you know, are more significant that are not directly related to this consultation, but the fact in locating missing people. If you rely on law enforcement or investigative wrong investigative sources, there are missing people that will never be found that possibly could be found.
I recently worked on a case representing a dad in Chicago whose minor child disappeared, and some people may have thought the disappearance was the result of his misconduct. And the Chicago police claimed they could not find her, and she probably never would have been found if I had not hired one of the best detectives in the country, Detective Hale (ph) who found her and recovered her in this said case.
SCOTT: All right. Jeffrey Leving who met with Drew Peterson. Mr. Leving, thank you.
LEVING: Thank you.
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