Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois

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What are my options for serving the divorce in Illinois?

The divorce process typically begins by filing the necessary forms, but the next steps can be lengthy and tedious depending on your and your former spouse’s situation. After completing the paperwork, you must notify the other party about the divorce through a summons, which can happen differently based on the circumstances.

In Illinois, serving a summons can happen through the following methods:

  • Pay a fee to have a sheriff serve the summons to your former spouse.
  • Request a judge to grant permission to publish the divorce notice in a publication, which may be applicable if you cannot locate your former spouse.

You should also serve the divorce petition to your former spouse with the summons. This task often has a deadline that may affect the petition’s outcome. If you fail to notify your former spouse properly, the court could dismiss the petition.

After serving the documents, your former spouse should file a response, saying whether they will answer the petition and appear at the hearing. They should also give you a copy of their response. This step is essential to the divorce process, so you should coordinate with the court to see if you can continue publishing the notice if you do not receive a response.

Preparing for the divorce

Some divorces can be straightforward, but other cases can have complications. Sometimes, these issues come up later during the process, affecting how proceedings move along.

There is no guaranteed way to remove these problems, but you can prepare for them by seeking legal counsel before initiating the process. Experienced guidance can also help you determine other options that can accommodate your unique circumstances and address disputes that may arise along the way.

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